BIMLA NAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE validity of THE Assistants of the Secretariat and Attached Offices, Joint Cardre Ordinance, 1989 (Bihar Ordinance No. 9 of 1989)" creating a joint cadre and combined gradation list of the Assistants, Selection Grade Assistants. Section Officers, Registrars and Under-Secretaries of the Secretariat and its attached offices has been challenged in this writ application as being violative of Articles 14 and 15 of the Constitution.

(2.) IT is necessary to examine the background in which the said Ordinance has been promulgated. IT appears that the Finance Department of the State of Bihar used to hold competitive examination every year for the purpose of appointment to the posts of Lower Division Assistants in various departments of the Secretariat and its attached offices. Out of the successful candidates at such competitive examination Assistants used to be posted in different departments of the Secretariat and its attached offices, therefore the department concerned used to give promotion to such Lower Division Assistants to the posts of Upper Division Assistants, Section Officers, Registrars, Under Secretaries.

(3.) IN spite of the aforesaid judgment, when such gradation list was not prepared, another batch of writ applications (C.W.J.C. Nos. 4139 of 1981, 1210 of 1982,1211 of 1982 and 2145 of 1982) were filed which were heard and disposed of by a learned Judge of this Court on 5th January, 1987. The operative part of the judgment is as follows: IN the circumstances of the case, the State of Bihar, is, therefore, directed to prepare the joint gradation list in terms of the judgments of this Court as contained in Annexures '4' and '5' to the writ application as early as possible and positively by 31st of March, 1988. From bare reference to the aforesaid judgment it shall appear that the direction to prepare a joint gradation list was given in view of the aforesaid decision of the State Government itself dated 27th May, 1967 which was circulated by communications dated 3rd July, 1967 and 24th July, 1967.