BIJOY KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners are the members of the Bihar Engineering Service (Class-1) in the Public Works Department (Road Construction), State of Bihar. By means of these writ-applications, they have challenged the validity of the decision of the State Government dated 21st March, 1991 as contained in Annexure-1 to C.W.J.C. No. 7009 of 1991, whereby, the respondent-authorities were directed to continue Roster System for filling up the posts through promotion, even the representations of the candidates, belonging to reserved category, i.e. Scheduled Castes and Scheduled Tribes, had reached the legally permissible limit of 24% of the strength of the particular cadre. The further prayer is that in case, it is found that promotions against the concerned posts were given beyond the permissible limit, the respondent-authorities be directed to treat such number of posts vacant and take steps for promotion in terms of Rules 17 and 24 of Bihar Engineering Service Class 1 Rules, 1939 (in short the Rules'). Since the impugned decision was communicated during pendency of C.W.J.C. No. 9874 of 1989, therefore, this petitioner also by filling supplementary petition has joined hands with the petitioners of other two cases.

(2.) The petitioner's claim is that once the posts, earmarked for the Scheduled Castes/Tribes on the Roster, are filled, the representation is complete. The respondents are, therefore, stopped to operate Roster any further. Thereafter, any post falling vacant due to retirement etc. in the cadre, has to be filled up from the candidates, belonging to general category.

(3.) In order to elucidate the nature of controversy, it would be essential to have a brief survery of some of the facts. It appears, the State Government in order to give proper representation to the members of the Scheduled Castes and Scheduled Tribes, by a resolution dated 29th May, 1971, contained in Annexure-3, decided to fix 24% of the strength of a cadre in all the departments of the State of Bihar, in ratio of 14% for the members of Scheduled Castes and 10% for the Scheduled Tribes.