RADHEY SHYAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has tiled this writ application for quashing a communication dated 21-11-1986 issued by the special Secretary, Department of Animal Husbandry and Fisheries, saying that the Bihar Animal Husbandry Service Class I (special Category) shall be a basic cadre of the said Department. A copy of the said communication is Annexure-7. The petitioner has also questioned the validity of a notification dated 3-12-1987 issued by the same Department notifying a gradation list of officers directly appointed or promoted to the newly created cadre of the Bihar Animal Husbandry Service Class I (Special Category) A copy of that notification is Annexure-13.

(2.) The petitioner was appointed in the Bihar Animal Husbandry Service Class I by a notification dated 6-7-1966 issued by the Department of Animal Husbandry. Respondent No. 5 was appointed as Class III Officers in Bihar Animal Husbandry Service. He joined in the year 1972. On 7-6-1973 the Department notified a final gradation list of the officers in Bihar Animal Husbandry service class I. In that gradation list the name of the petitioner was mentioned against serial no. 37. As on that date respondent no. 5 was in Bihar Animal Husbandry service Class III, his name did not figure in the said list. On the recommendation of the Bihar Public Service Commission (hereinafter referred to as the Commission) respondent no. 5 was appoiated in class II Service in the year 1976, against a reserved post.

(3.) An advertisement was published on 1-6-1977 by the Commission inviting applications from eligible candidates for appointment against a temporary post of Special Officer, Intensive Cattle Development Block in the pay scale of Rs. 1060-1580/- in Animal Husbandry Service Class I (Special Category) reserved for the members of the Scheduled Caste. Pursuant to that advertisement respondent no. 5 and others filed applications. On the basis of the recommendation made by the Commission the said respondent was appointed on 9-1-1978 against the aforesaid post by process of direct recruitment.