LAWS(PAT)-2020-9-84

RAM YASH SAH Vs. RAM YASH

Decided On September 25, 2020
Ram Yash Sah Appellant
V/S
Ram Yash Respondents

JUDGEMENT

(1.) Heard Mr. Devendra Kumar Sinha, learned Senior counsel for the appellants and learned AC to AAG-11 appearing for the State-respondents.

(2.) The present Letters Patent Appeal has been preferred against the judgment dtd. 12/4/2019 passed in C.W.J.C. No. 4281 of 2018, whereby the final gradation list issued vide Memo No. 970 dtd. 30/1/2018, has been quashed by the learned Single Bench and the concerned Department has been directed to redraw the seniority list after enunciating equitable and rational principle for fixing the same.

(3.) The writ application was filed by the respondent nos. 6 to 9 on the ground that they entered into the services of Energy Department after their names were recommended by the Bihar Public Service Commission (hereinafter referred to as the Commission) and were consequently appointed as Junior Electrical Engineer vide order dtd. 17/5/2003. The appellants who were respondents before the writ court, were the erstwhile employees of the Bihar Agriculture Produce Marketing Board (hereinafter referred to as 'Marketing Board') and they were absorbed as Junior Engineer (Electrical) in the Energy Department vide resolution contained in Memo No. 4672 dtd. 23/6/2011 but they were ranked senior to the respondents writ petitioners in the final gradation list.