KUMAR BABAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this writ application the petitioners seek quashing of a resolution dated 1st of September, 1990 contained in annexure -1 by which the department of Welfare Goverment of Bihar has taken a decision, purportedly in the light of guidelines issued by the Government of India, that all the posts of Assistant Child Development Project Officers shall in future be filled up by promotion of Lady Supervisors engaged in Integrated Child Development Service Project. The petitioners have further prayed for a direction to the respondent State to create atleast two avenues of promotion with respect to the statistical assistants such as the petitioners posted in the Welfare Department (Directorate of Social Welfare), as has been provided with regard to other statistical assistants of the State of Bihar in other different departments.

(2.) FOR deciding the dispute in this case, it is not necessary to refer to the facts in details. The relevant facts are that the petitioners are statistical assistants in the department of welfare and from the records of the case it appears that in 1985 through annexure -6 a conscious decision was taken by a Committee of senior officials of the department that members belonging to the cadre of Lady Social Welfare Organisers and those belonging to the cadre of statistical assistants engaged in Integrated Child Development Service Projects (hereinafter referred to ICDS Projects) did not have appreciable avenues of promotion and hence as per decision of the Committee, by annexure -7, a resolution dated 14th July, 1986 was published by the Welfare department reserving 25 per cent of the total sanctioned posts of Assistant Child Development Project Officers (hereinafter referred to as Assistant CDPO) for being filled up by promotion of statistical assistants and ladies organisers. According to the petitioners there was absolutely no justification and material to change the policy in annexure -7 and take away the avenues of promotion created for statistical assistants, as has been done by the impugned resolution. 2. According to the respondents 1 to

(3.) LEARNED counsel for the petitioners first submitted that a direction to generally appoint ladies to the post of Assistant C.D.P.O. cannot mean a direction not to appoint statistical assistants to such posts because there may be ladies employee as statistical assistants. Secondly, it was urged that Annexure -C has been wrongly interpreted by the State of Bihar and its officials. Elaborating this point, it was submitted that clause kh of annexure -C contains a suggestion to provide avenues of promotions for the statistical assistants on the same line as is available to Secretariat employees of the State Government and clause Ga suggests to provide opportunity of appointment for the members belonging to the cadre of supervisors to the post of Assistant C.D.P.O. but these provisions cannot be interpreted to mean that besides supervisors no other cadre can be granted opportunity of promotion to the post of Assistant C.D.P.O.