KARTIK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties at the stage of admission.

(2.) IN both the writ applications the prayer is for quashing the notification no. 9839 dated 27.11.2000 (Annexure -1) by which services of petitioners in both the writ applications as well as of 92 other persons all belonging to Agriculture Service, Government of Bihar have been returned back to their parent department, the Agriculture Department on the ground that they are not placed in the pay scale of Rs. 6,500 -10,500/ - which the scale equivalent to pay scale of Deputy Collectors. The impugned order further mentions that such order for repatriation from Rural Development Department, Government of Bihar is required in view of Panchayat elections for which a decision has already been taken by the State Government and a programme has commenced from 1.11.2000. As per Section 58(1) of Bihar Panchayat Raj Act, 1993 only Deputy Collectors or equivalent officials can be appointed as Executive Officers of Panchayat Samittees under the aforesaid Act. The order further mentions that presently many officers of Agriculture services are posted as Block Development Officer although they are not placed in the aforesaid scale of Rs. 6,500 -10,500/ - which is the scale prescribed for Deputy Collectors and hence in order to make the future course of action that is appointment of Executive Officers of Panchayat Samittees with Deputy Collectors or equivalent officials, service of the writ petitioners and others belonging to the Agriculture Service and cover (sic) by Annexure -1 have been returned back to their parent department i.e. Agriculture Department, Government of Bihar.

(3.) ON behalf of writ petitioners it was first contended that since the petitioners are entitled for the scale of Deputy Collectors hence the impugned order is based upon non est facts and is therefore illegal on account of malice in law. In order to support this contention and establish their entitlement to the scale of Deputy Collectors, the petitioners placed reliance upon a judgment of this Court dated 19.9.96 passed in C.W.J.C. No. 6282/96 (Rameshwar Prasad Singh vs. The State of Bihar and ors.) and other analogous cases. That writ application was filed by officers belonging to Agriculture Service similarly situated as the petitioners herein. At that time they had prayed for quashing of a notification dated 24.6.96 whereby their services had been repatriated to the Agriculture Department from Rural Development Department where they were holding the posts of Block Development Officers. At that time there was an alternative prayer to declare that the petitioners were entitled for time bound promotion in the scale of Rs. 2,400 -4,150/ - and hence on ground of being placed in lower scale than the scale of Deputy Collectors, they should not be repatriated. By the said judgment the learned Single Judge found no illegality with the order of repatriation and dismissed the writ application on the ground that admittedly till then they were placed in a lower scale of pay. The learned Single Judge also considered the alternative prayer with regard to time bound promotion in the higher scale and in that respect a direction was issued to consider the claim of those petitioners for time bound promotion without any further delay.