RAJIB RANJAN PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioners have challenged the recommendation dated 16-5-1994 made by the Departmental Promotion Committee (hereinafter referred to as the 'D.P.C.') (Annexure 8 to the petition) and the decision of the Government (Annexure 13 to the petition) accepting the said recommendation of the D.P.C. as well as the notification dated 21-9-1994 (Annexure-15 to the amendment petition) promoting Respondents No. 6 to 9 as Engineer-in-chief. According to the petitioners the recommendation for the D.P.C. dated 16-5-1994 is wholly arbitrary, discriminatory and has been made in gross disregard and disobedience to the directions of this Court contained in C.W.J.C. Nos., 3941/83, 8341/93 and 4500 of 1937 as well as the directions of the Hon'ble Supreme Court.

(2.) To decide the controversy, it is necessary to state relevant facts in a nutshell. The Bihar Engineering Service, Class I and Class II consists of the following cadres. Class-I (1) Engineer-in-Chief (2) Chief Engineer (3) Superintending Engineer (4) Executive Engineer Class-II (1) Assistant Engineer In the class-I service, the post of Executive Engineer is the lowest and that of Engineer-in-Chief is the highest and that the Assistant Engineer is promoted to the post of Executive Engineer, Executive Engineer is promoted to the post of Superintending Engineer, Superintending Engineer is promoted the post of Chief Engineer and the Chief Engineer is promoted to the post of Engineer-in-chief according to the provisions of Bihar Engineering Class-I Service Rules. The petitioner Nos. 1 & 2 were appointed to the post of Assistant Engineer in the Bihar Engineering Service after being selected by the Bihar Public Service Commission in the year 1957 and 1960, respectively and respondent Nos. 7, 8 and 9 were appointed to the post of Assistant Engineer after being selected by the Bihar Public Service Commission in the year 1963 while respondent No. 6, Major Yadav, was appointed to the post of Assistant Engineer in the year 1975 after being selected by the Bihar Public Service Commission. The relevant dates of appointments of the petitioners and the respondents and their promotions to the posts of Executive Engineer, Superintending Engineer and Chief Engineer are as follows : <FRM>JUDGEMENT_829_BLJ1_1996Html1.htm</FRM>

(3.) Respondent No. 6, Major Yogendra Narayan Yadav after passing B.E. was appointed in the Short Service Commission in the Indian Army to the post of Second Lieutenant in the year 1963. He was promoted in the rank of Captain and thereafter in the rank of Major before he was released from the Army in the year 1970. In response to the advertisement of the Bihar Public Service Commission made in the year 1973 for recruitment in the post of Assistant Engineer in the Bihar Engineering Service Class II, the respondent No. 6 applied for the post and on being selected by the Bihar Public Service Commission he was appointed to the post of Assistant Engineer. The Government of Bihar, Appointment Department, by the notification No. III/RI-608/65A-8778, dated 21.6.1969 made some provision for giving weight age of the service in the Army to the released Officers from Army for counting their seniority in the post to which such persons were appointed. Paragraphs 8 and 9 of the said notification provide as follows: