L B LALL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by Sri L. B. Lall under Article 226 of the Constitution of India is directed against the order dated the 4th December, 1972 (Annexure 4) passed by the State of Bihar (respondent No. 1) promoting Sri R. N. Singh (respondent No. 3) as Deputy Director of Industries (Wood -Products) in suppression of the claim of the petitioner. In the application, the petitioner has, therefore, prayed for quashing Annexure 4 and for a direction to respondent No. 1 and respondent No. 2 (Industrial Development Commissioner) to fill up the post of the Deputy Director of Industries (Wood Products) in accordance with law. In other words, the petitioner, as it appears from the submission of the learned Counsel for the petitioner before us, wants a direction to respondents 1 and 2 to consider the case of the petitioner for promotion to the said post.

(2.) In order to appreciate the point involved in this application, it will be necessary to state briefly the facts. The petitioner and respondent No, 3 were directly recruited as District Industries Officers in the year 1963. The petitioner stated in paragraph No, 5 of his application that the petitioner having better academic record and experience was placed on the top of the merit list prepared by the Bihar Public Service Commission whereas respondent No. 3 was placed at serial No. 3 in the said list. In the provisional gradation list (Annexure 1), the petitioner was shown at serial No. 26, whereas respondent No. 3 at serial No. 27. He also stated in the said paragraph that the petitioner was sanctioned a higher initial salary in the prescribed scale of pay under Rule 86 of the Bihar Service Code after taking into consideration his qualification and experience. In paragraph No. 6, it was stated that the petitioner joined his post as District Industries Officer on the 6th April, 1963, at Hazaribagh and he was confirmed in the said post with effect from the 6th April, 1964, whereas respondent No. 3 was confirmed in the said post on the 19th March, 1964, as mentioned in Annexure 1. According to the petitioner, the confirmation of the petitioner as well as respondent No. 3 was with reference to the date of joining the post by them. The State of Bihar (respondent No. 1) created the post of Deputy Director of Industries (Wood Products) in the Department of Industries and Technical Education under its letter No. 15463 dated the 14th of September, 1965. The post was extended to the end of Fourth Five-year plan by the relevant department letter No. 1028 dated the 13th February, 1971 ending on the 31st March, 1974. The petitioner, thereafter, filed a representation to the State Government under his letter dated the 17th March, 1972 (Annexure 3) mentioning therein that he should be promoted to the said post, which was, however, rejected on the 1st June, 1972 (Vide Annexure D filed on behalf of respondents 1 and 2). Originally, the relevant department had requested the Bihar Public Service Commission for direct recruitment for filling up the post of Deputy Director of Industries (Wood Products). The vacancy was for one person only. The Commission advertised the post on all India basis and also interviewed the candidates, but the Commission found those candidates not suitable for the said post. The Commission, accordingly, informed the department. The above facts are to be gathered from paragraph No. 10 of the counter affidavit filed on behalf of respondents 1 and 2 on the 16th October, 1973. In the counter-affidavit, a copy of the advertisement which was made by the Commission has also been marked as Annexure C. The requisite qualification mentioned in Annexure C for the post of the Deputy Director of Industries (Wood Products) was as follows :

(3.) On behalf of respondents: 1 and 2 as mentioned earlier, a counter-affidavit was filed on the 16th October, 1973, supporting, inter alia, the notification contained in Annexure 4 and denying the allegations of the petitioner that he was not considered and also stating therein that respondent No. 3 had requisite experience after relaxation of the requisite experience as contained in Annexure C.