BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS in all these five writ applications, prayer of the petitioners is same/similar and as such, these applications were made analogous and were heard together and with the consent of the parties are being disposed of by this common order at the time of admission itself.

(2.) ALL these writ petitioners claim to be on deputation for absorption in different treasuries of the State, who were earlier employees of different Corporations/Boards established under the Bureau of Public Enterprises and in all the five writ applications the prayers of the petitioners are the same, i.e., relating to their being sent back to their parent department as their deputation was being proposed to be cancelled in view of the fact that there were some anomaly in the pay scale of the post which they were holding prior to being deputed as Account Assistant in the Treasury and the actual pay scale being paid to the employees similarly situated in the Treasury.

(3.) AN argument has been made on behalf of the petitioners that from a bare perusal of Annexures 1 and 2 of C.W.J.C. No. 8894/02 and similar annexures in the other four writ applications, it would transpire that the said deputation was not a deputation in the ordinary sense of the word, but, the same was in view of a policy decision aproved by the department including the Chief Minister of the State for the purpose of absorption of the persons, on deputation, if they were found fit for manning the job for which they had been selected, as some of the organisations/Corporations/Boards had become sick and/or in others they were become surplus.