STATE OF BIHAR Vs. GANESH PRASAD

JUDGEMENT

(1.) Heard Mrs. Nilu Agrawal, learned G.A. 6 as well as Mr. Ramesh Chandra Sinha, Learned Counsel appearing for the Respondent Nos. 1 to 3.

(2.) This appeal under Clause 10 of the letters Patent of the High court of Judicature at Patna raises a grievance with respect to the order dated 9.2.2010 passed by a learned Single Judge in C.W.J.C. No. 14259 of 2003, whereby he directed the Respondent State to consider the case of the writ Petitioners for promotion to the post of Personal Assistant in accordance with their date of eligibility in terms of Government instruction dated 7.8.1987, as modified with effect from 30.8.1988, within a maximum period of four months.

(3.) Before we take up the rival submissions made on behalf of the parties, it would be necessary to note the facts of the case in some detail. Respondent No. 1 Ganesh Prasad claims to be appointed as Steno-Typist in the Commercial Taxes Department on 9.1.1975, whereas Respondent No. 2 Kumar Luvkush and Respondent No. 3 Renu Mathur claim to be appointed on the same post on 19.6.1981 and 12.4.1978 respectively. On 23.2.1987 the Government took a decision of merging the Steno-typist working up to 10.7.1979 in the cadre of Personal Assistant. Subsequently, the department of Personnel and Administrative Reforms vide its letter No. 753 dated 18.9.1990 changed and ex tended the cut off date from 10.7.1979 to 10.11.1988, thus permitting all the Steno-Typist appointed either in the Secretariat or its attached offices appointed before 10.11.1988 to be merged in the cadre of Personal Assistant. The State of Bihar vide a Gazette notification dated 1.6.1992 (Annexure-6 to the writ petition) detailed the list of offices, that would come within the purview of Secretariat and its attached offices. On 23.6.1995, the services of 23 Steno Typist were merged in the cadre of Personal Assistant. However, the department did not recommend the name of writ Petitioners, in the cadre of Personal Assistant. The writ Petitioners being aggrieved (sic) this Court in C.WJ.C. No. 9274 of (sic)97. This Court vide order dated 27.9.1999, contained in Annexure-8 of the writ petition, directed the Secretary, Personnel and Administrative Reforms Department to consider the case of the writ Petitioners for their absorption in the cadre of Personal Assistant in the Secretariat and its attached offices in accordance with law within a period of two months thereof. In the light of order dated 27.9.1999 of this Court, the writ Petitioners filed representations for their absorption in the cadre of Personal Assistant which was ultimately rejected on 12.11.2000 by the Personnel and Administrative Reforms Department. A copy of same has been annexed as Annexure-9 to C.W.J.C. No. 14259 of 2003. The rejection order dated 12.11.2000 stated that the writ Petitioners were appointed for the Regional Offices and they were not appointed for the Secretariat or its attached offices. The writ Petitioners filed C.W.J.C. No. 14259 of 2003, against order dated 12.11.2000 of the department of Personnel and Administrative Reforms which was allowed. Now it was turn of the State of Bihar to move this Court in L.P.A. against the order of learned Single Judge allowing the application.