MOHAMMAD SHAMIMMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) An apparent conflict of precedent within this Court pertaining to the impact of the rules governing the Bihar Agricultural Service, with particular reference to Circular Letter No. D/AG 232/ 53-AGRL-149, dated the 13th August, 1953, had originally necessitated this reference to the Full Bench, way buck on the 28th March, 1977.

(2.) From what follows hereinafter, the issues herein are now rendered somewhat academic and, it is, therefore, unnecessary to delve deeply into the facts. It suffices to mention that the writ petitioner, who, it the year 1973, was posted as the Assistant Research Officer (Soil Testing), had sought to challenge the promotion of Respondents Nos. 4 to 64 to higher posts in the Bihar Agricultural Service on the ground that he was senior to those respondents and his case for consideration had pre-eminence over that of those respondents. In defence the stand of the respondents was that the Bihar Agricultural Service had nine distinct categories and the petitioner belonged to Category III of that Service, whereas the respondents expressly belonged to Category I. Consequently, for promotion to higher posts in Category t, there was no question of considering the case of the petitioner vis--vis the respondents.

(3.) When this case originally came up before a Division Bench, presided over by my learned Brother, Mr. Justice Nagendra Prasad Singh, firm reliance was sought to be placed on an unreported decision of this Court in Ram Charitra Prasad y. The State of Bihar and Ors. C.W.J.C. No. 1316 of 1968, decided on the 23rd May, 1969. Therein, inter alia, it had been observed as under: