BACHAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer on behalf of the petitioner is for quashing the orders dated 28.9.2000 and 4,11.2000 issued by the Managing Director of the Bihar State Food & Civil Supply Corporation, Patna (Respondent no. 3) as contained in Annexures -8 & 9 and 10 & 11 absorbing S/Sri Dhirendra Narayan Jha and Jay Prakash Jha (Respondent nos. 4 & 5) in Class II service of the Corporation, ignoring the claim and seniority or 430 senior employees including the petitioner.

(2.) IT appears that the State Government seeing the poor performance of the State undertakings decided to create a management pool to select M.B.A. degree holders and place them in Class II post of different State Government undertakings. Accordingly, advertisement was issued and in response to it Respondent nos. 4 & 5 along with others had applied for appointment against the existing and further vacancies in Class II post in different functional areas of management under different Public Sector Undertakings of the State of Bihar. They were interviewed by the high level selection committee, whereafter a panel of 131 successful candidates was prepared and the same was published in the news -paper. In course of time, the candidates placed at serial nos. 1 to 107. were adjusted in Class II posts and while the Respondent no. 5 and others waiting for turn to be appointed on Class ll post,the Joint Director of the Bureau informed him and others, placed in between serial nos. 108 and 130 that as Class II posts were not available, they could be appointed as Assistant Godown Manager, which is equivalent to Class III posts in the Bihar State Food and Civil Supplies Corporation (in short the Corporation) and the consent was also asked for from them. The said Respondent and others accepted the said offer on the condition that they would be appointed on Class II posts as soon as vacancies arise in the Corporation or Boards, and according to them the Bureau accepted the said condition and later they were also assured that they would be absorbed in Class II posts as soon as vacancies arise. The said persons were appointed in the year 1983 and kept on trying for their adjustment against Class II post. Later when some more candidates were appointed from the panel except them and few others despite several posts lying vacant in different undertakings in the State of Bihar, they filed C.W.J.C. No. 1819 of 1986 in this Court seeking direction to the concerned authorities to consider their case for appointment to Class II posts in different State Government undertakings. The Managing Director in the counter affidavit filed in the said case denied about any assurance given to them and stated that they were given offer for appointment in Class III post, which they accepted and joine He also expressed difficulty in appointing/ promoting the said Respondent and others to Class II post as there are several persons above them in seniority of Assistant Godown Manager for their consideration on Class II post. As regards eight of the writ petitioners of the said case (including Respondent no. 4 herein) other than petitioner no. 2 (who is Respondent no. 5 herein), he expressed their inability to even consider their cases for appointment/promotion to Class II posts in view of serious allegations regarding embezzlement of foodgrains to the tune of several lacs of rupees. However, they fairly stated that they may consider the case of petitioner no. 2 (who is Respondent no. 5 herein) for appointment to Class ll posts in any of the undertakings of the State of Bihar as and when the requisition is made by such undertakings, keeping in view his name being there in the panel for appointment to Class II posts and there being no adverse entry/allegation pending against him so far. Having regard to the said facts and circumstances, the Division Bench vide order dated 20.11.1996, contained in Annexure -2, did not feel persuaded to grant any relief to the said writ petitioners except petitioner no. 2, namely, Jai Prakash Jha, who is Respondent no. 5 herein, for whom in view of the aforementioned fair stand of the Chairman of the Bureau and the Managing Director of the Corporation, directed that his case for appointment in Class II posts may be considered as and when requisition is sent by any of the Public Undertakings of the State of Bihar in future and disposed of the writ petition accordingly.

(3.) IT appears that later the matters regarding absorption/regularisation of Respondent nos. 4 & 5 in Class II post were again taken up, but in absence of the recommendation by the Bureau they were not provided with the appointment and Respondent no. 5, thus, filed C.W.J.C. No. 931 of 1998 in this Court, in which on 27.7.2000 the petitioner of the said case filed a supplementary affidavit enclosing two letters dated 6.12.1999 and 13.4.2000. By the first letter the Bureau with reference to earlier two letters of the Corporation and the direction of the Court as referred to above, asked the Corporation to forward the name of the petitioner of the said case and by second letter dated 13.4.2000 the Corporation forwarded the matter to the Chairman of the Bureau. Accordingly, this Court vide order dated 27.7.2000, contained in Annexure7, remitted the matter back to the Bureau of Public Enterprises to take a decision in respect of adjustment of the petitioner of the said case and to forward the decision to the Corporation, and the authorities of the Corporation were directed to act on such recommendation. The said writ application was accordingly disposed of. Thereafter the impugned orders have been passed.