RAM NARESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have filed the present appeal against the order of the learned Single Judge dated 18th January, 2001 passed in CWJC No. 925 of 1998 by which he has quashed the decision taken by the Establishment Committee dated 15th December, 1997 (Wrongly mentioned as 5th December, 1997 in the order) granting promotions to the appellants and others as Head Warder. Copy of the said decision of the Establishment Committee was not annexed with the writ application but was annexed as Annexure -A to the counter -affidavit filed by respondent Nos. 6 to 19 and 21 to 29 to the writ application (appellants and others).

(2.) The facts necessary for disposal of the present appeal lie in a narrow compass. The writ petitioners and respondents 6 to 29 to the writ application (out of whom, nine have filed the present appeal and will be referred to hereinafter as appellants) were appointed on the post of Warders on different dates in accordance with the provisions contained in the Bihar Jail Manual which has a statutory force. There were 36 sanctioned posts of Head Warder out of which 21 posts were vacant and 3 were likely to be vacant within one year, that is to say, there were 24 total posts vacant. The Superintendent of Aadarsh Central Jail, Beur, Patna issued Memo No. 4580 dated 16 -10 -1997 inviting application for filling up 24 posts of Head Warder from amongst the eligible Warders. A copy of the said advertisement has been annexed as Annexure -1 to the writ application. It was mentioned in the advertisement that for promotion to the post of Head Warder, drill test, written test and interview will be held on 25 -10 -1997 to 27 -10 -1997. The writ petitioners and the appellants applied in terms of the advertisement. For the purpose of selection, a Committee consisting of three person, namely, Superintendent, Central Jail, Beur, Patna. Superintendent, Phulwarisharif Camp Jail and the Superintendent, District Jail, Biharsharif was constituted and the Committee considered the cases of all the eligible candidates, awarded marks with regard to individual candidates and thereafter, selected the appellants to the post of Head Warder.

(3.) The writ petitioners challenge the promotion of the Head Warders on the. ground that the promotion has not been made in terms of the Bihar Jail Manual contained in Rules 198, 281, 282 and 283. The mode of selection is seniority -cum -merit, but the same has not been followed in breach of the Rules. Subsequently, the writ petitioners filed a petition annexing executive instruction issued by the Inspector General (Prisons) dated 15th June, 1988 making provision for constitution of the -Committee for the purpose of considering the promotion to the post of Head Warder. It was provided therein that the Selection Committee or the Establishment Committee shall consist of Superintendent, Central Jail as the Chairman and the seniormost Superintendent of three Jails falling within the circle. In the present case, the Selection Committee have consisted of only three persons and as such the constitution of Selection Committee was illegal and accordingly, the promotion granted by it vitiated in law.