BASUDEO PURVEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Arts. 226 and 227 of the Constitution has been filed by the petitioner for quashing Annexure -9 D/ - 19 -9 -78 by which the seniority of the petitioner has been redetermined and he has been put below respondents 3 to 10 without any notice to him.

(2.) IN order to appreciate the points it will be necessary to state some facts. The petitioner after passing M. A. and Law examinations applied for the post of the Sub -Registrar which was advertised for eight posts sometime in the year 1949. He appeared at the interview and his name along with 22 others was recommended for appointment to the Bihar Public Service Commission in order of merit and the petitioner was number one in the aforesaid list. A copy of the recommendation has been filed herewith and marked as Annexure -1. Six persons were appointed from the aforesaid list as probationary Sub -Registrars on 2 -6 -50 and they are respondents 4 to 9. A copy of the appointment letter has been filed and marked as Annexure -2. By another notification D/ - 29 -7 -50 the petitioner, respondents 3 and 10 were appointed for the posts as probationary Sub -Registrar. After completing the probationary period of two years the petitioner and the respondents were confirmed on their posts. A copy of the notification dated 6 -11 -58 in this connection has been filed and marked as Annexure -3. In the year 1966 a gradation list of the Sub -Registrars was prepared on the basis of the recommendations made by the Public Service Commission in which the petitioner was shown at serial No. 54 and the respondents 3 to 10 were shown below him. A copy of the same has been filed and marked as Annexure -4.

(3.) HERE it may be mentioned that no representation was filed against this gradation list by the contesting respondents. On the basis of the gradation list a civil list for the years 1967 to 1969 was prepared showing the petitioner senior to the respondents. A copy of the same has been filed as Annexure -5 and 5/A. The petitioner received a letter dated 27 -5 -71 from the respondent 2, Inspector General of Registration regarding the revision of gradation list along with a proposed list showing the position of the petitioner and respondents 3 to 10, and all concerned were asked to file objection regarding their seniority in the aforesaid gradation list. In this the petitioner was shown at serial No. 61 and below respondents 2 to 8. He, therefore, filed a representation stating, inter alia, that the gradation list has been finally prepared in the year 1966 and no objections were raised at that time and that had become final and, therefore, the authorities were not justified in putting the petitioner below respondents 3 to 10. Thereafter a circular was issued by the State of Bihar on 13th July 1971 that the seniority will be determined on the basis of the preference given in the recommendation sent to the Bihar Public Service Commission. A copy of the circular has been filed and marked as Annexure -5/B. The State Govt. after considering all the relevant matters took a decision regarding the seniority which was communicated to the petitioner vide memo No. 3978 D/ - 7 -12 -82, a copy of the same has been filed and marked as Annexure -6 and the petitioner has been shown as number one in the aforesaid list. On the basis of the aforesaid decision as contained in Annexure -6 there was again some amendment which was published in the year 1974 in the form of a booklet, and the petitioner was also shown as senior to respondents 3 to 10. A copy of the extract from the booklet has been filed and marked as Annexure -7.