RANAJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three writ petitions were heard together with consent of parties because they involve common questions of law and to a large extent, the essential facts are common. For the sake of convenience, Mr. Ram Balak Mahto, learned Senior Advocate for the petitioners in all the cases, placed the relevant facts from the records of CWJC No. 13002 of 2001 (Ranajee Singh V/s.The State of Bihar) and later on explained some differences in facts of other two cases. Hence, reference to facts are generally from CWJC No. 13002 of 2001.

(2.) PETITIONERS , Ranajee Singh (CWJC No. 13002 of 2001), Suresh Prasad Sudhanshu (CWJC No. 10120 of 1999), Somar Rajak and Awadhesh Prasad (CWJC No. 9732 of 1999) were initially appointed as Class IV employees in various offices under the control of Chief Engineer, Central Design Office, Water Resources Department, Government of Bihar, Patna. By office order dated 18.1.1988 issued from the office of the said Chief Engineer, 23 persons were promoted to various posts of Clerk in class III and 7 persons including the petitioners Ranajee Singh, Awadhesh Prasad and Suresh Prasad Sudhanshu were promoted against vacant posts of Typist in Class III. Petitioner, Somar Rajak was similarly promoted as Typist by an order dated 2.3.1988. In the promotion orders it was mentioned that the concerned Class IV employees had been selected for appointment to Class III posts on the basis of their qualification as per decision of the Establishment Committee dated 25.6.1987 and departmental order dated 29.7.1986. The promotion orders further provide inter alia that employees promoted on the post of Typist will be subjected to a typing test after six months of such promotion. In case they fail to qualify in the test then their promotions would be deemed to have been cancelled. Such promotions to Class IV employees had been granted in view of guidelines issued by the Personnel and Administrative Reforms Department of the respondent State dated 11.2.1985 which require 75 per cent of certain Class III posts to be filled up by way of direct recruitment and rest by promotion from amongst eligible Class IV employees.

(3.) THE petitioners who had been promoted and appointed as Typists in Class III were then called to take up a typing test conducted on