SHEO DAYAL SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This judgment will govern both the writ applications, namely, C W. J. C. Nos. 1503 of 1971 and 1500 of 1971, which were heard one after the other.

(2.) In these writ applications the petitioners pray for quashing the appointments of certain respondents (respondents 5 to 9 in the two cases). They further pray that a direction may be issued to the State and Its officers to reconsider the whole matter and consider the cases of the petitioners, along with those of respondents, in relation to the posts to which the said respondents have been promoted. The petitioners and the aforesaid respondents thereinafter referred to only as 'respondents' for the sake of convenience) were formerly members of the Bihar Agricultural Service Class IT. Subsequently, they were promoted to Class I. Before the impugned promotions, all of them were in Class I of the Bihar Agricultural Service (hereinafter referred to as the 'Service'). By the impugned annexures, the respondents have been appointed to posts in the grade of Rs. 900-1400 for a period of six months on ad hoc basis. The concurrence of the Bihar Public Service Commission is being sought in respect of these appointments.

(3.) Rules relating to Bihar and Orissa Agricultural Service Class I were made in the year 1935 (At that time Bihar and Orissa were not separate Provinces). Part II of the rules aforesaid give the sanctioned strength of Class I posts as 10 only. In the year 1953 the number of posts had increased considerably. This will be clear from a letter of the Deputy Secretary to Government of Bihar, Development Department (Agricultural Section), to the Director of Agriculture, Bihar, on the 13th August, 1953, being letter No. D/- AG-232/53-Agri. R-149. A copy of this letter is annexure 1 to C. W. J. C. No. 1503 of 1971--although tbe different categories referred to in that letter, have not been mentioned there. Before stating the policy contained in this letter, it may, however, be stated that in the year 1945, in exercire of the powers conferred by Clause (b) of Sub-section (1) of Section 241 of the Government of India Act. 1935. the Governor framed certain rules. These rules relate to the regulation of recruitments to the Bihar Agricultural Service -- Class T, the Bihar Agricultural Service -- Class II, the General Provincial Service and Special Posts outside these csdres. It will be necessary to refer to these rules in some detail later. I have already referred to the letter of the Government, dated the 13th August, 1953. This related to the confirmation of officers in Class I and Class IT of tbe Service. Tt appears that the practice that was being followed in the Agriculture Department at that time was to confirm officers in individual posts in the Service, as distinct from their confirmation in the Service itself. This was considered to be irregular. Necessary directions were, therefore issued that, in future, officers should not be confirmed in specified posts, but in Class I or Class II of the Service, as the case may be. The letter also gave a statement showing the groups of interchangeable posts both in Class I and Class II of the Service. It also mentioned that promotions of officers of Class II world be ordinarily confined only to the corresponding groups of posts in Class I as shown in the statement annexed. Eight categories have been mentioned therein. It is not necessary to give the details thereof. But it appears that by and large, the categories related to different groups or branches of work in connection with the Department. For instance, in Category I, we find posts of Deputy Director of Agriculture, Cane Development Officer, Professor of Agriculture and Agronomist. In Category II, we find only two posts, namely, those of Agricultural Engineer and Agricultural Engineer Research (if sanctioned). In Category VII, for instance, there is only one post of Horticulturist. If may be stated that I have mentioned only Class I posts in the different categories. It appears that in the Department there are posts of various kinds, some of them may be described as general list posts, others relate to research and some of the posts are for special branches in Agriculture or Horticulture. The State Government has sanctioned a number of posts in the scale of Rs. 900-1400 in the Agriculture Department Some of these are by upgrading of the posts that were in Class I of the Service. The impugned appointments have been made after consideration of the cases of those officers who were in Category I of Class I of the Service. The grievance of the petitioners is against this Order. It is the admitted position in these writ applications that Government decision is that the appointments to these posts would be confined to officers who were at the relevant time serving on one of the posts in Category I.