RAJENDRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four applications involving question of inter se seniority between Judicial Officers of two batches appointed under the ad hoc Recruitment Rules of 1974 (hereinafter referred to as the 1974 Rules) and pursuant to 15th Judicial Service Examination under Bihar Judicial Officers (Recruitment) Rules, 1955 (in short '1955 Rules') have been heard together and are being disposed of by this common judgment.

(2.) Writ petitioners of C.W.J.C. Nos. 4759/87 and 1043/188 have been appointed under the 1974 Rules. The petitioners of C.W.J.C. Nos. 1686/87(R) and 233/88(R) have been appointed under the 1955 Rules. They have challenged the decision of the Standing Committee of High Court of Patna, respondent No. 2 reversing its earlier decision dated 14 -6 -1985 and placing respondents 3 to 35 of C.W.J.C. No. 4759/87 (hereinafter referred to as 'respondents only) above them in the gradation list.

(3.) The petitioners of C.W.J.C. Nos. 1686/87(R) and 233/88 (R) have been appointed in the reserved quota for the Scheduled Castes and Scheduled Tribes under 1955 Rules and they have also challenged the seniority of the respondents i.e. 3 to 35 of C.W.J.C. No. 4759/87, who were appointed subsequent to them against reserved quota. Accordingly prayer has been made for issuance of a writ of mandamus or any other appropriate writ directing the High Court of Patna to implement its earlier decision in the matter of inter se seniority in the light of the decision of this Court in C.W.J.C. No. 6126 of 1985 and of the Supreme Court in S. L. P. (Civil) Nos. 8698, 9354 and 11565 of 1986.