N C VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed under Articles 226 and 227 of the Constitution of India by the petitioner praying that the order incorporated in Annexure 3 be quashed, as also praying that part of the order contained in Annexure 4 be quashed so far as the petitioner is concerned. As indicated later, the petitioner was an erstwhile member of the State Public Health Service. By Annexure 3, a notification dated the 30th December, 1969, opposite parties Nos. 2 to 21 were placed in certain posts, mentioned therein, carrying salary in the scale of Rs. 1250-1850. These opposite Parties were erstwhile members of the State Medical Service. By Annexure 4, dated the 30th December. 1969 the petitioner was posted as Special Officer. B. C. G. Scheme. Patna. Before this order of posting the petitioner was working as Chief Medical Officer. Hazaribagh Mines Board of Health.

(2.) The relevant facts may be stated as follows: In 1965 Government of Bihar had taken a decision to combine the State Medical Service and the State Public Health Service cadres into a single cadre, known as Bihar State Health Service Cadre, with effect from the 1st April, 1964. It is stated that in view of this decision, a combined gradation list of officers of the State Medical Service and State Public Health Service of the rank of Civil Surgeon and above and a combined gradation list of members of the State Health Service Junior Cadre of the rank of Civil Assistant Surgeon and District Medical Officers of Health Service were drawn up. Relevant extract from the latter list, as it stood on the 1st April, 1964, has been given as Annexure 1, dated the 6th March, 1968-It is stated that in that combined gradation list the petitioner had been ranked senior to opposite parties No. 2 to 21. Thereafter the names of the officers of the new State Health Service, it is said were sent to the Bihar Public Service Commission, for opinion regarding their suitability for promotion. According to the petitioner, the Public Service Commission had recommended his name as suitable for promotion to a four per cent. Selection Grade post carrying pay in the scale of Rs. 1250-1850. The Commission had also recommended the names of opposite parties Nos. 2 to 21 for promotion to the Selection Grade. The senior Selection Grade Posts were said to be 4 per cent, of the cadre strength minus teaching posts permanent and temporary. It is alleged by the petitioner that Government had been implementing the combined gradation list by promoting officers who belonged to the old State Medical Service and those of the old State Public Health Service upto serial No. 113. After serial No. 113 officers of the old State Health Service were being ignored although officers of the State Medical Service after serial No. 113 of the gradation list have been promoted. Thus, according to the petitioner, he has been discriminated against so far as promotion is concerned, although the gradation list (Annexure 1) is still in force. It is alleged by the petitioner that not only opposite parties Nos. 2 to 21 have superseded him, but that by the order incorporated in Annexure 4 the status of the petitioner has been downgraded to a post carrying a basic pay scale of Rs. 415-925/-. Mainly on these contentions Annexure 3 has been challenged and the petitioner's posting, mentioned in Annexure 4, is also challenged.

(3.) A counter-affidavit has been filed on behalf of the State of Bihar the main paragraph of which is paragraph 7. In that paragraph it is stated that the State Government is reconsidering the principles of amalgamation of the Medical and Public Health cadres, which had been amalgamated into a single cadre in 1968. The reason for this reconsideration is said to be based on a letter sent by the Public Service Commission dated the 27th February, 1969, a copy of which has been annexed as Annexure X to the counter-affidavit. According to the counter-affidavit, further, in the meantime, it has been decided that certain promotions should be given to the senior Selection Grade posts on the recommendation of the Public Service Commission and on the basis of the seniority fixed in 1968. It is mentioned also that it has been decided that officers of the Public Health Service cadre, who have not yet been promoted, will continue to draw basic pay in the substantive scale until the principles of amalgamation of these two cadres have been further examined and finally decided. It is further stated that if the Government takes any decision to continue the present seniority, the officers of Public Health Service cadre are most likely to get promotion with retrospective effect, i.e., from the dates from which their junior officers have been promoted. Substantially for these reasons, mentioned in the counter-affidavit, the orders incorporated in Annexure 3 and 4 are supported.