RASH BEHARI GHOSH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ applications, which involve common questions of fact and law, have been heard together and are being disposed of herewith.

(2.) First I take up C.W.J.C. No. 625 of 1973, which has been filed by eight Engineers of the Bihar Engineering Service (Irrigation), Class I, who at the time of filing of the writ application were Executive Engineers posted at different places in the State. They have challenged the decision of the Government dated 2-5-1973 contained in Annexure 14 accepting the report of committee commonly known as 'Ramanand Committee', dated 3-4-1973 (Annexure 13), thereby deciding the inter se seniority of respondents 7 to 23. These respondents are also Engineers in the River Valley Project Department (hereinafter referred to as 'the R. V. P. D.').

(3.) The history of the case begins from a long past in the year 1954 when on 10-1-1954 an advertisement to fill up 14 vacancies of temporary Assistant Engineers in Class II of the Bihar Engineering Service (Irrigation Cadre) was issued by the Bihar Public Service Commission (vide Annexure 3). The Commission was directed by the Government to recommend names of 60 candidates and not 20 as originally directed, on account of the increased work in the Irrigation Department, as the recruitment was likely to be much more than 14 for which the Commission was requested to advertise. Obviously the recommendation was to be made in order of preference. The Commission accordingly forwarded the names of 60 candidates arranged in order of preference-vide its letter Annexure 1. In this document petitioner Nos. 1 and 6 were recommended together for being placed at serial Nos. 33 and 36 respectively. Petitioners 2, 3 and 4 were placed at serials 40, 47 and 49 respectively. By a notification dated 3/5th July, 1954 (Annexure 5) the Government of Bihar in the Irrigation Department appointed petitioners 1 to 4 and respondent no 6 along with various others as Assistant Engineers and all of them joined in the Irrigation Department.