ARJUN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the petitioners are doctors belonging to the Bihar Health Services. Since they all have a common grievance against the State, all the writ applications in question filed were ordered to be clubbed together and heard together. Since common questions of law have been raised for consideration in these writ applications, these are disposed of by a common order.

(2.) THE cause of action for these petitioners arose when the State of Bihar through Department of Finance decided to issue a notification dated 28.01.2011 bringing about an amendment in the Bihar Service Code, 1952. By the said notification Rule 73(1) of the Bihar Service Code came to be amended by adding a proviso to the said sub-rule (1). The amendment is being quoted below as this is the bone of contention in all these writ applications:-

(3.) DURING the pendency of the writ application there is a development which led to filing of certain Interlocutory applications; especially I.A. No. 5861 of 2011 filed in C.W.J.C. No. 9653 of 2011 which has been treated to be the main writ application. This I.A. was filed because the Department of Health under the signature of the Deputy Secretary decided to reject the claim of some of the petitioners for enhancement of their age vide order dated 24.06.2011 which is also being assailed in the present writ application as annexure-9. This I.A. was allowed on 9.9.2011. Therefore, quashing of even this annexure has been demanded by the petitioners.