KESHARI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed by the two petitioners for quashiog the order dated 21-9-1989 issued by Additional Secretary, Bihar Public; Service Commission, contained in Annexure 7-A, by which it has returned the papers which had been sent to the Bihar Public Service Commission (hereinafter referred to as the Commission) for considering the case of promotion of the two petitioners and Lal Babu Singh to the posts of Registrar in the Home Special Department on the ground that the Commission while considering the case of promotioa of oae Aneshwarr Prasad Singh, by its letter dated 17-1-1989, contained in Annexure 7, had returned the file to the said department for promotion on the post of Registrar intimating that the same will be considered after formation of a joint cadre of Section Officers in the various departments of Secretariat. The further prayer made on behalf the retitioners is to direct the respondent- Commission to hold meeting of the Departmental Promotion Committee for considering the case of promotion of the petitioners to the posts of Registrar in the Home Special Department treating the cadre of Section Officers in the Home Special Department of the Government of Bihar as a separate cadre.

(2.) The short facts for disposal of this application ate that prior to 30th August, 1988, every department ct the Government of Bihar had separate cadre. Undisputedly, the petitioners were appointed as assistants in the Home Special Department and subsequently they were promoted in the cadre of Section Officers of the same very department. When certain vacancies had fallen in the next higher cadre of the Home Special Department, that is, cadre of Registrar, the petitioners along with others became entitled to be considered for promotion to the said post. The case of promotion was required to be considered by a Departmental Promotion Committee consisting ot four persons, its Chairman being either Chairman of the Bihar Public Service Commission or one of its members duly nominated by tha Chairman. 8-7-1988 was the date fixed by Committee for considering the cases of promotion of five persons including the petitioners on which day only three members were present, but neither Chairman of the Commission nor one of its members duly authorised was present. Therefore, three-men Committee considered the cases of promotion and found the two petitioners fit for promotion. As such, the Committee by its resolution dated 8-7-1988 recommended the case of the petitioners for promotion. Since neither Chairman nor member of the Commission was present in the meeting, the Deputy Secretary, Home Special Department, wrote a letter on 14-7-1988 to Under Secretary of the Commisson requesting him to take steps for convening meeting of the Departmental Promotion Committee and send concurrence of the Commission stating therein that three members of the Departmental Promotion Committee had duly considered the case of the petitioners and found therm fit for promotion in which meeting neither the Chairman of the Commission nor any member was present. Upon receipt of the aforsaid letter, the Secretary of the Commission by letter dated 8-8-1988 fixed 22-8-1988 as the date for holding of Departmental Promotion Committee, but on 22-8-1988 the meeting could not be convened as three other members of the Committee who belonged to Government departments could not attend the same because of their certain pre-occupation. Before any adjourned date of meeting could be fixed, on 30-8-1988 the State Government had taken a decision that all the cadres of ministerial officers of different departments of the State Government in the Secretariat shall be constituted in one joint cadre, meaning thereby that different posts of Section officers in different departments of the State Government in Secretariat shall be merged into one for the purpose of promotion to the higher post of Registrar. In view of this decision of the State Government, the Commission by its letter dated 17-1-1989 (Annexure 7) returned the file of one Aneshwar Prasad Singh stating therein that the question of giving concurrence shall be considered after formation of joint cadre. Likewise, by letter dated 21-9-1989 (Annexure 7-A) the Commission returned the file relating to the petitioners for their promotion to the post of Registrar on the same very ground. Thereafter, on 30-11-1988, an Ordinance was promulgated, namely, The Assistants of the Sec retariat and Attached Offices Joint Cadre Ordinance, 1988 (Bihar Ordinance No. 19 of 1988) (hereinafter referred to as the Ordinance) and the same has been followed by successive Ordinances. This Ordinance has come into force with effect from 30th August, 1988, that is, the date when the State Government had already taken a decision for constitution of joint cadre. According to this ordinance a combined gradation list of all Section Officers working in different departments of Government of Bihar in Secretariat was required to be prepared and promotion to the higher post, that is the posts of Registrar was required to be made out of that combined gradation list.

(3.) The only question which arises in this writ application is as to whether the case of the petitioners has to be considered in accordance with the rules which were in existence prior to 30-8-1988 treating the cadre of Section Officers of Home Special Department as a separate cadre or the same has to be considered in accordance with the Government's decision dated 30-8-1988 and provisions of the Ordinance, after preparing a joint cadre of all Section Officers of different departments of Government of Bihar in the Secretariat.