LAWS(PAT)-2004-11-46

GAJENDRA NARAYAN SINGH Vs. STATE OF BIHAR

Decided On November 05, 2004
GAJENDRA NARAYAN SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, State, private Respondents and the B.P.S.C.

(2.) THE present writ application has been filed for quashing the joint gradation list as contained in Annexure -2 and consequential orders thereto.

(3.) ACCORDING to learned counsel for the petitioner, in view of merger of cadre of the Probation Officer and the Assistant Probation Officer, the petitioner who was appointed directly on the recommendation of the B.P.S.C in the year 1990 is going to suffer as Assistant Probation Officers who were appointed earlier and promoted as Probation Officer from an earlier date now in the cadre have been placed above the petitioner. According to learned counsel, both the cadres could not have been merged as the petitioner and the cadre of Assistant Probation Officer are not equally situated and as such, two unequal cannot be made equal even the selection process is said to be different. According to learned counsel, their appointment is also made by the State whereas the Assistant Probation Officers are appointed departmentally.