HARIBANSH NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four petitioners before this court are members of the Bihar Administrative Service who were appointed on the basis of the Combined Competitive Examination held by the Bihar Public Service Commission in the year, 1975. They dispute the date assigned to them for entering the cadre of Deputy Collector. Earlier the petitioners were given 1.12.1977 as their date of entry in the cadre of Deputy Collector. Later by notification, dated 5.9.1999 (Annexure 1) their date of entry was advanced to 1.4.1977. According to the petitioners, however, their correct date of entry in the cadre of Deputy Collector should be 1.4.1976 and not 1.4.1977 as assigned to them by the impugned notification.

(2.) THE claim of the petitioners would appear to be quite misconceived and untenable only if one takes into account a few dates. The advertisement for the 23rd Combined Competitive Examination was issued on 16.6.1974. The examination was held in January, 1975 and on the basis of the recommendations made by the Bihar Public Service Commission petitioners 1, 2 and 3 were appointed by notification, dated 3.9.1976 and petitioner no. 4 by notification issued on 2.3.1977. In other words, the petitioners claim entry in the cadre of Deputy Collector even before the date of their actual appointment in Government service. Such a claim obviously cannot be upheld by any logic.

(3.) IT is pointed out on behalf of the petitioners that while the recruitment process for the 23rd batch was in progress, the State Government by its resolution, dated 24.3.1974 took the decision to merge the cadres of Sub Deputy Collector and Deputy Collector. In that resolution it was stipulated that following the merger of the two cadres w.e.f. 1.4.1974, those working on the posts of Sub Deputy Collector would be adjusted against the vacancies in the cadre of Deputy Collectors in three phases beginning from 1.4.1974 and concluding on 1.4.1976. It is further pointed out that a few years before the appointment of the petitioners, an adhoc batch of Sub Deputy Collectors was appointed on the basis of an examination held on 25.3.1973. The appointment notification of the adhoc batch of Sub Deputy Collectors was issued on 30.5.1974. Following the merger of the two cadres when the question regarding the date of entry in the cadre of Deputy Collectors for the members of the adhoc batch and the members of the 23rd batch (to which the petitioners belong) the Government initially took the decision to assign 1.12.1977 as the date of entry in the cadre of Deputy Collectors both for the adhoc batch and the 23rd batch. The members of the adhoc batch then filed a writ petition before this court being CWJC No. 2358 of 1981 challenging the date of entry assigned to them and claiming a much earlier date for their entry in the cadre of Deputy Collectors. That writ petition was allowed with a direction to the State Government to assign the adhoc batch 1.4.1976 as the date of their entry in the cadre of Deputy Collectors.