JAGDISH PARSAD SINHA Vs. BHAGWAT PRASAD

JUDGEMENT

(1.) This appeal by special leave is directed against the decision of the Patna High Court dated 27-11-1987 quashing the notification dated 18-11-1986 under which in terms of the Subordinate Education Service (Teaching Branch) Determination of Seniority Rules framed under the proviso to Art. 309 of the Constitution, the nitherto single cadre known as Secondary Education Service was bifurcated.

(2.) On 20th of February, 1975, the State Government published a joint seniority list of teachers of Subordinate Education Service belonging to the Boys school branch and the Higher Secondary Teachers of the Subordinate Education Service. The joint gradation list was challenged before the High Court in Writ Petition No. 2956 of 1975. The High Court dismissed the writ petition as also an application for review of such dismissal. On 30th of March, 198 1, this Court dismissed the special leave petition carried against the decision of the High Court. When with the dismissal of the special leave petition the position was getting settled, the State Minister of Education came forward with a proposal that the cadre should be separated and the Higher Secondary Teachers and Secondary Teachers of the Upper Division of the Subordinate Education Service should have a, separate gradation list. Ultimately by the impugned notification the bifurcation was done. The Government took the stand that the demand to bifurcate was taken up in the Legislature and in terms of the decision taken by the Implementation Committee of the Bihar Legislative Council, the new scheme to bifurcate came to be done.

(3.) The High Court considered matter at great length and with care. The legal position as settled by Several decisions of this Court was noticed. Towards the end of the judgment the High Court has said.