NARESH KUMAR DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute in this case relates to appointment by promotion to the Bihar Civil Services (Executive Branch) known as Bihar Administrive Service, from ministerial staff of the Muffasil offices. There are two petitioners in this case. They seek direction upon the Commissioner, Saran Division, Chapra to forward their names along with service records etc. to the Board of Revenue pursuant to Board 'sletter dated 6.6.87 and 3.7.89 calling for nominations for appointment to the Bihar Administrative Service.

(2.) RULE 23(ii)(a) inserted in the Bihar Civil Services (Executive Branch) and the Bihar Junior Civil Services (Recruitment) Rules, 1951 by letter no. 5857 dated 2.5.80 of the Personnel and Administrative Reforms Department Government of Bihar provides that 25% vacancies in the Bihar Civil Services (Executive Branch) i.e. Bihar Administrative Service shall be filled from amongst the eligible ministerial staff working in the Secretariat and its attached offices or the Muffasil offices who have put in 12 years and 10 years of service in

(3.) ON 6.6.87 vide letter no. 25 -1 -87 - 12 the Secretary, Board of Revenue called for names of eligible departmental candidates as per the laid down criteria for suitability for filling the vacancies of the 31st batch corresponding to year 1982 meant for the ministerial staff. Again on 3.7.89 vide letter no. 25.1.89 4 similar Kamala Tiwari Versus State Of Bihar nominations were called for with respect to the vacancies against the 32nd, 33rd and 34th batches corresponding to the years 1983, 1984 and 1985 respectively.