PARAS NATH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are 12 petitioners in this writ application who were all clerks in the Commercial Taxes Department, Govt. of Bihar. Petitioners 1 to 5 are said to have retired from service during the pendency of the writ application. The claim of all the petitioners is for direction to the respondents to consider their cases and grant them junior selection grade by way of first time bound promotion with effect from due dates and also to consider their cases and grant them senior selection grade by way of second time bound promotion in terms of recommendation of the 4th pay revision committee accepted by the Govt. of Bihar vide resolution dated 30th December, 1981 (Annexure -2).

(2.) HAD this case not been admitted and pending for such a long time I would have directed the petitioners to file separate writ application because of their different date of appointment and different dates from which they claim promotion. At times because of large number of petitioners it become very difficult to examine the individual cases of petitioners although they may be raising same or similar questions of law. In service matters generally law has to be applied with due regard to particular and individual facts of the petitioners. However, since the matter was admitted long time back hence, I do not consider it just and proper to non suit the petitioners for misjoinder of causes of action.

(3.) THE petitioners realise that the main hurdle in grant of selection grade to them lies in the fact that although they attempted but could not successfully clear all the papers for the accounts examination. Non passing of such departmental examination in accounts had an adverse effect as provided in Rule 157 (3) (J) of the Bihar Boards Miscellaneous Rules which debar the Lower Division Clerks from being promoted to the post of Upper Division Clerks. It is admitted that in the year 1980 there was a merger of LD and UD clerks and both were placed in a combined cadre under the nomenclature of Assistants. In such a situation, it was submitted that Rule 157 (3) (J) as it stood then became redundant.