ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing the final Gradation List, as contained in Annexure -12, as it has been contended by the learned Counsel for the Petitioners that while deciding the seniority of the Petitioners their services in gland and Revenue Department as Assistant Consolidation Officer has not been counted.

(2.) IN support of his contention that the aforesaid services were required to be counted, it has been contended by the learned Counsel for the Petitioners that an advertisement was issued for different class III non -Gazetted posts, in the State of Bihar by the Bihar State Sub -Ordinate Services Selection Board on 20.4.1981. The said advertisement was a common advertisement for all such class -III posts and specific vacancies department wise had not been advertised. However, by another advertisement dated 26.12.1981, department wise vacancies were advertised, though the vacancies of Land Revenue Department were not mentioned in the aforesaid advertisement. Persons, who had applied pursuant to earlier advertisement, were given exemption for applying, pursuant to second advertisement. On 1.3.1982 the written test was held. On 11.3.1983 some results were published. Second list was also published after deducting the marks obtained in Hindi. The third list was also published in view of the direction of this Court, as those results have been withheld in view of the stand that the copies of the examinees have been lost. Petitioners were one of those persons. Petitioner No. 1 got 211 marks and Petitioner No. 2 got 184 marks. The Petitioners were recommended for appointment as Assistant Consolidation Officer under Revenue and Land Reforms Department, where they joined. In the meantime 138 persons were appointed on the post of Supply Inspector. Respondents 3rd set joined in 1985. Thereafter the Petitioners were given promotion to junior and senior selection grade by the Promotion Committee. However, by a policy decision, the State of Bihar, decided to postpone the Consolidation Scheme and adjust the employees working under the Consolidation Scheme on the equivalent post in their pay scale. The Petitioners being on the top in the Gradation List of the Assistant Consolidation Officer, were adjusted by way of transfer on the post of Supply Inspector in 1995. Subsequently, another batch of Assistant Consolidation Officers were adjusted on the post of the Circle Inspector -cum - Kanoongo. Persons at the bottom in the Gradation List, were retained in the Consolidation Department as Assistant Consolidation Officer.

(3.) IN this regard Annexure -7 has been relied upon by the learned Counsel for the Petitioners, i.e., an order of this Court in C.W.J.C. No. 686 of 1984; Kaushal Kishore Singh and Ors. V/s. The State of Bihar and Ors. and analogous cases in which this Court in the matter arising out of the same advertisement, held that as the merit list of selected candidates had not been released taking into consideration the merit of the candidates, as such, it was directed that all earlier recommendations be cancelled and a fresh recommendation be made taking the option of the candidates, who rank higher in the merit and then publish the same.