GOPALDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These applications have been filed on behalf of the petitioners for quashing the final gradation list of the Assistant Engineers in Bihar Engineering Service Class II (hereinafter referred to as B. E. S. Class II) of the Public Works Department (For Short 'P. W. D.), published vide notification dated 12-1-1988, contained in Annexure-13 of C. W. J. C. No. 474 of 1988 and Annexure-16 in CWJC No. 3272 of 1988, whereby non-official respondents have been shown senior to the petitioners. In C. W. J. C. No. 3272 of 1988, a further prayer is made for quashing Annexure. 16/1 dated 9-12-1987, whereby respondent No, 68 has been placed at Serial No. 724-A of the Gradation List. A further prayer has been made for a direction to the respondent-State of Bihar to place the petitioners at proper place in the aforesaid gradation list and to give them the consequential benefits. Both the writ applications along with intervention petitions, filed on behalf of Shashibhushan Prasad Singh and Shyam Badan Singh, have been heard together and with the consent of the parties, they are being disposed of by this common judgment.

(2.) The writ petitioners were initially appointed as Assistant Engineers in B. E. S. Class II, hence forth for easy reference they are termed as 'Direct Recruits', whereas the non-official respondents in both the writ applications were appointed as Engineer Assistant or Junior Engineer and subsequently they were promoted to the cadre of B. E. S. Class II.

(3.) For appreciating the controversy, which has to be resolved, a brief survey of several sets of facts and rules, relating thereto, are necessary. Petitioners of C. W. J. C. No. 474 of 1988 were appointe'd as Assistant Engineers against 1973 vacancies. On 12-6-1973, a request was made by the Joint Secretary, P. W. D. to the Bihar Public Service Commission (hereinafter called), Commission) for recommending the names of 79 persons for appointment as Assistant Engineers. On 28.7-1973, the commission invited applications for filling up those vacancies. In response to the advertisement, the petitioners and almost all the non-official respondents, who were working as Engineer Assistant, applied. After holding interview for determining the suitability of the candidates, the Commission vide letter dated 3-9-1974, recommended names of 57 candidates in order of merit. It is stated that none of the non-official respondents qualified for selection. The recommendation was approved by the Cabinet on 4-4-1975. But no notification for appointment was issued. Therefore, the validity of the recommendation expired after one year. However, a request was made by the Government to the Commission for revalidation of the recommendation.