STATE OF BIHAR Vs. SHRI SHIVENDU PATHAK

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal under Clause 10 of the Letters Patent of this Court is directed against the judgment and order dated 8.5.2009 passed by learned Single Judge of this Court whereby a writ petition bearing CWJC No. 698/2003 preferred by the sole Respondent/writ Petitioner has been allowed. As a consequence the Appellants (Respondents in the writ petition) have been directed to grant to the writ Petitioner seniority by counting the period from 18.6.1986 to 24.7.1987 which he had spent working for the Central Water Commission, an instrumentality of Government of India. The writ Petitioner has also been held entitled to consequential benefits.

(3.) The relevant facts are not in dispute. The writ Petitioner claimed that after passing B. Tech. examination in Civil Engineering from Bangalore he worked with the Central Water Commission for the period 18.6.1986 to 24.7.1987. He took the competitive examination conducted by the Bihar Public Service Commission (BPSC for brevity) and on that basis he was appointed as Assistant Engineer (Civil) in the Bihar Government where he joined on 25.7.1987. His representation for conferring extra seniority on the basis of service rendered in Central Water Commission was rejected by the Bihar Government as evidenced by letter dated 18.11.2002 contained in Annexure-1 to the writ petition which was challenged through the writ petition in question. The stand of the State Government as appearing in letter dated 18.11.2002 is that service under the Central Water Commission, Ministry of Irrigation, Government of India may be considered for the purpose of pension/gratuity in the light of a decision of the Finance Department, Government of Bihar but that would not confer further seniority upon the writ Petitioner.