KRISHNARAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioners, six in number have prayed for quashing of the office order dated 4-1-1993, whereby rerpondent 10 has been promoted in the Junior Selection Grade and the office order dated 11th February, 1993 whereby respondent Nos. 5 to 9 have been promoted in the Senior Selection Grade in the scale of Rs 1800-3330 with effect from 7-9-1990 as contained in annexures 5 and 6 respectively; and for directing the respondent State to promote the petitioners in Junior Selection Grade with effect from 7-9-1987 and as Senior Selection Grade Assistant with effect from 7-9-1990 in the aforementioned scale and further to direct the respondent State to place the petitioners above the private respondents in the seniority list and to give all consequential benefits in the service, for which they are entitled. In course of hearing Mr. Jha, learned Senior Counsel appearing for the petitioners also prayed for quashing of the office order dated 3-6-1988 whereby, and whereunder the respondent Nos. 5 to 7 were given promotion in Selection Grade with effect from 7-9-1987 and respondent Nos. 8 and 9 with effect from 10-9-1987 and 11-11-1987 respectively. Later, a petition for amendment of writ application filed on behalf of the petitioners challenging the notification No. 422 dated 16th October, 1993, a photo copy whereof has been annexed as annexure 12, in so far as respondent Nos. 5 to 9 have been promoted by it to the post of Section officer in the scale of Rs,2000-3500 with effect from the date of their joining with monetory benefit. The said petition was allowed by order dated 26-4-1994. Thus, in the present writ application the petitioners now also pray quashing of the aforesaid anaexure 12.

(2.) In short, the relevant facts of the case are that petitioner No 1 was initially appointed as Typist in the year 1973. petitioner No. 2 as computer Assistant on 26 8-1976. petitioner Nos 3, 4 and 5 as typist on 28 2-1975, 11-7-1974 and 20-P-1979 respectively and petitioner No 6 as Bill clerk on I-10-1977 Their case is that a combined limited Examination only for the candidates who were working as typist, computer and bill clerk in the Secretariat cadre was held and the petitioners, who fulfilled the minimum requisite qualification appeared in the said examination and after being successful were appointed in class III as Secretariat Assistant by the Competent authority and they joined on 4-9-1980 except petitioner No 2, who joined on 3-2-1981 under Engineer-in-chief, Public Works Department, which now has been bifurcated into Road Construction Department and Building Construction Department The services of the petitioners have been placed under the Road Construction Department. They were treated as Probationary with effect from their respective date of joining.

(3.) Respondents Nos 5 to 9 without appearing in the Combined Limited Examination were appointed as Secretariate Assistant on the basis of the recommendation of the Secretariat Sports Club and respondent No. 10 was appointed on compassionate ground as his father died in harness. Out of the said respondents, respondent Nos 5,6, and 7 joined service on 7-9-1979, respondent No 8 on 10-9-1979, respondent No. 9 on 10-10-1979 and respondent No. 10 ou 18-6-1980.