JITENDRAPRASADSINGH Vs. BIHAR STATE HOMING BOARD

JUDGEMENT

(1.) In this application the petitioners, three in number, have prayed for quashing of the order dated 5-7-1991, as contained in Annexure-1 to the writ application issued by the Secretary. Bihar State Housing Board-respondent No.2) and further to restrain, respondants Nos.1 to 3 from to giving effect to the said order and/or from changing the seniority: of the petitioners. gradation list of, the Junior Engineers of the Bihar State Housing Board (hereinafter- referred to as 'the Board') published on 30-6-1983. By Annexure-1 respondent No, 4 had been granted extra-ordinary leave purporting to be under Rule 180 of the Bihar Service Code which, according to the Board, is applicable mutatis mutandis to the employees of the Board as well for the period from 7-1-1974 to 31-7-1974 i.e 206 days.

(2.) The case of the petitioners is that they were aprointed as Junior Engineers in the Board by the order dated 19-12-1973 in pursuance of the advertisement dated 14-4-1973. On 25-11-1981 a tentative gradation list was issued by tbe Board which was challenged by the petitioners and some others Junior Engineers in C.W.J.C. No. 2033 of 198 . In the said gradation list respondent No. 4 had been placed at Serial No. 54 and be never challenges his placement in tbe gradation list. Aforesaid writ application was admitted and during its pendency tbe Board bad issued a final gradation list of Junior Engineers on 30-6-1983, the validity of which was challenged by some of the Junior Engineers, including respondent No. 4 in this Court. All the writ petitioners were admitted and finally disposed of judgment dated 4-10-1989, .the relevant photostate copy of which has been annexed as Annexure-8 ,to, the writ petition, end the same is also reported in 1990 (1) PLJR 357 Rajeshwar Prasad Roy v. Bihar State Housing Board). This Court has affirmed the seniority list issued by the Board on 30-6-1983 and all the writ petitions, including that of respondent No. 4, were dismissed, except one filed by Radha Raman Sharma which was allowed in part. Against the said judgment LPA No. 86 of 1983-was filed by respondent No. 4 in this Court which was also heard and dismissed on 15-1-1990. Respondent No. 4 filed special leave petition bearing S.L.P. (Civil) No 13278 of 1990 before the Supreme Court against by aforesaid order passed in L. P. A, No, 86 of 1989 which was also dismissed by the Supreme Court on 19-11-1990. A photo copy of the order of the Supreme Court has been annexed as Annexure-3 to the writ application. Further, tbe case of tbe petitioners is that respondent No. 4 proceeded on unauthorised leave from 7-1-1974 to 31-7-1974 oa account of which his appointment was cancelled by the Board which has been affirmed by this Court in tbe aforementioned judgment dated 4-10-1989.

(3.) A counter affidavit has been filed on behalf or respondent Nos. 1 to 3 as also on behalf of respondent No, 4. A supplementary counter affidavit has also filed or behalf of Despondent No. 4, Affidavits in reply to the counter affidavits have also been filed on behalf of the petitioners.