GANANAND JHA Vs. SATE OF BIHAR

JUDGEMENT

(1.) The Petitioner, an employee of Bihar Rajya Pool Nirman Nigam Ltd. (hereinafter referred to as the Nigam), has filed the present writ application for quashing the office order dated 3.9.1993 (Annexure-24) issued under the signature of the Managing Director of the Nigam in pursuance of a direction issued by the State Government contained in the order dated 12.1.1993, canceling the office order dated 13th January, 1993 (Annexure-19) by which the Petitioner was held to be senior to Respondent No. 5 after rejecting his representation. It has been further ordered, vide Annexure-24, that the decision with regard to inter se seniority between the Petitioner and Respondent No. 5 will be taken after considering the matter afresh.

(2.) The Bihar Bridge Construction Corporation Ltd. was incorporated under the provisions of the Companies Act as Public Limited Company in the year 1975. On 30th June, 1978 its name was changed as Bihar Rajya Pool Nirman Nigam Ltd. it is a Government Company within the meaning of Section 617 of the Companies Act.

(3.) According to the Petitioner, the Board of Directors in its meeting created several technical and non-technical posts. In the Head Office, two posts of Routine Clerks, six posts of Assistants, one post of Section Officer and one post of Secretary (non-technical) were created apart from other Class III and IV posts. A Lateral Road Project Wing functioning under the Road Construction Department was abolished by the Government and the posts of Routine Clerks, Assistants, Section Officers and Secretary (non-technical) were made available to the Nigam. The Nigam did not frame its own rules and regulations and it adopted the rules, regulations and instructions of the State Government with regard to service conditions of its employees. In the Headquarters establishment, the post of Assistant is a initial post and below that there is no other post in Class III. The power to appoint Assistants is vested in the Board of Directors of the Nigam under Article 80, Sub-article 22 of the Articles of Association and the said power has been delegated by the Board to the Managing Director.