SHASHI BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The plaintiff Shashi Bhushan Prasad filed a suit in the Court of Munsif, Gaya, for a declaration that he should be deemed to be posted as Assistant Public Prosecutor, Group 2 Senior Service, with effect from 1-4-1974 and for certain other reliefs. His case is that he was appointed as the Assistant District Public Prosecutor in 1961 and continued as such till 31-3-74. With effect from 1-4-74, a single cadre of Public Prosecutors was formed under the provisions of the Code of Criminal Procedure; 1973 and he automatically became a member of this cadre. By a decision as contained in memo No. 3217 (marked Ext. 6(a) at the trial of the suit) dated 30-3-1974 (Home Police), the State of Bihar divided the cadre in three groups being Grades I, II and III, and by the notification No. 3253 (marked as Ext. A) dated 30-3-1974, the plaintiff was appointed in the Third Grade. Subsequently, a Board constituted for this purpose recommended the plaintiffs name for promotion to Grade II. The plaintiff has challenged the memo No. 3217, Ext. 6(a); the notification No. 3253, Ext. A and the Board's reference, mentioned above, as illegal on the ground that any attempt of classification and division of the cadre of the Assistant Public Prosecutor is invalid.

(2.) The State of Bihar challenged the plaintiffs case by filing a written statement.

(3.) The case was heard and the learned Munsif decreed the suit holding that Ext. 6(a) is illegal and void. The Court further held that in view of the provisions of S. 113 and Rr. 1 to 4A of O. 46, Civil P.C. a reference to the High Court was called for. The learned Munsif directed the stay of further proceeding pending the decision of this Court on the reference.