KAMLA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case, both the petitioner claim seniority over the respondents 3 to 23 (hereinafter referred to as 'the respondents') and have prayed for an order to be passed against the State for considering them for promotion to higher posts, if necessary, by creating vacancies by reverting two of the respondents to lower post. The parties are employed under the State.

(2.) According to the case made out in the writ application, the petitioners were appointed as Assistant Registrars Co -operative Societies on 5 -12 -1962 and 13 -12 -1962 as direct recruits against permanent posts. They were put on probation for a period of two years and were confirmed by the order dated 23 -6 -1976 (Annexure 14) with effect from 5 -12 -1964 and 13 -12 -1964 respectively. In the meantime, they had already been promoted as District Co -operative Officers on temporary basis. On 9 -4 -1975 by a memorandum (Annexure 15) the State Government notified a provisional gradation list of the Assistant Registrars inviting objections thereto from persons concerned and after considering the objections, a final gradation list was published on 28 -4 -1977 as per Annexures 8/1. In the list, Annexure 8/1, the petitioner No. 1 was placed on the eighth position and the petitioner No. 2 on the tenth while the respondents were shown junior to them. In 1962 when the petitioners had been initially appointed, these respondents were holding temporary posts of Assistant Registrars and were never confirmed as Assistant Registrars. Although they were confirmed as Inspectors. Co -operative Societies only, they were being Illegally promoted to higher posts ignoring the petitioners' claim and the latter filed a writ application in this Court which was numbered as C.W.J.C. 24.81 of 1977. The case was disposed of by an order dated 11 -3 -1978 a copy whereof is attached to the writ petition as Annexure 13, where by the State Government was directed to consider the questions raised in the case after disposal of the representations to the gradation list as mentioned in the present Annexure 8/1. The Bench expressed a hope that the matter would be disposed of within three months. With these observations, the writ application was permitted to be withdrawn. It was made clear that the petitioners could re -agitate the matter further, if necessary. It is further said that in spite of the High Court's order, the petitioners were not getting any relief and some of the respondents were promoted as Deputy Registrars and promotion of some others as joint Registrars was imminent. In these circumstances the present writ application was filed on 4 -10 -1978. On 25 -10 -1978, a Bench of this Court where the case was placed for admission adjourned the matter for a few days and directed that no promotion in the posts of joint Registrars should be made in the meantime. Later the case was admitted, but the interim order of stay was.

(3.) On 17 -10 -1978, a fresh provisional gradation list as per Annexure 16 (also Annexure E) was published superseding the final gradation list (Annexure 8/1 of 1977). Objections were once more invited by persons concerned. An application for amendment of the writ application was thereafter filed whereby the petitioners prayed for quashing of Annexure 16. On 10 -12 -1978 the matter was heard in this Court and the prayer for amendment was allowed. The petitioners had also filed their objections before the State Government by way of abundant caution challenging its jurisdiction to revise the gradation list (Annexure 8/1) and the High Court permitted them to file a further supplementary objection within two weeks. The writ application was ordered to be placed for hearing after 3 1/2 months. An interim order restraining further promotion was also passed.