SHASHI KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the petitioners in these cases are aggrieved by the impugned orders, whereby and whereunder, they have been transferred from one judgeship to other. Since facts and law on which these writ petitions have been grounded are almost common, therefore, they have been heard together and are being disposed of by this order.

(2.) IT would appear from the materials on record that petitioners are working in the cadres of Class III and IV posts of different districts. It would further appear from the impugned orders, such transfers had taken place in view of the decision of the Standing Committee of the High Court purely on administrative grounds.

(3.) BEFORE adverting to the crucial contentions raised on behalf of the parties, as would appear from the materials on record, previously there was no codified Rules relating to recruitment, promotions, seniority, confirmation, transfer etc. for the Class III & IV staffs employed in the Civil Courts in this State, as a result of which various difficulties were being experienced in the day -to -day administration. It was also noticed that due to the absence of codified Rules, the recruitment, promotion, confirmation etc. of such employees were being made on the basis of stray circulars and instructions, issued from time to time. Therefore, in order to streamline the administration of the civil courts, the Full Court of this Court framed the "Bihar Civil Courts Staff (Class ill & IV) Rules", as notified in the Bihar Gazette under notification no. 292 Misc. dated 3rd October, 1992. These Rules were, in fact, ancillary Rules having been framed under Article 235 of the Constitution, according to which the High Court has the total and absolute control over sub - ordinate judiciary, including the office staffs, employed in the district courts and courts sub -ordinate thereto.