SHYAMANAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE writ petitions are directed against the order dated 26th June, 1990 of the respondent no. 2, the Inspector General of Prisons, Bihar.

(2.) THE case of the petitioners in brief is that they were appointed as Warders in different Jails of the State during 1970 to 1974. The promotion on the post of Clerk from amongst the Warders was made on the basis of their merit in the competitive examination. However, on 18.5.1985 respondent no. 2 directed that a panel of candidates who secure qualifying marks in the written test, scheduled on 19.5.85, be prepared according to their seniority in the cadre of Warders and promotion on the post of Clerk be made on the basis thereof. All the petitioners qualified in the written test and they were appointed on the post of Clerk on 28.4.1988 according to their seniority in the cadre of warders. On 26.6.1990 the respondent no. 2 cancelled his order dated 28.4.1988, appointing the petitioners on the post of clerk, in pursuance of the direction of this Court in C.W.J.C. No. 464 of 1986 (Sidheshwar Prasad & others vs. State of Bihar & others).

(3.) ON the other hand the case of the respondents is that from the beginning the promotion of the Warders on the post of clerk was made on the basis of their merit in the competitive examination. This mode of promotion was challenged in this Court in C.W.J.C. No. 1569 of 1983, which was disposed of on 15.5.1985 specifically noting the stand of the State Government that appointment on the post of clerk was made on the basis of merit in the competitive examination. On 17.4.1985 respondent no. 2 directed all the Superintendents of Central Jails to hold a competitive examination of Warders on 19.5.1985 at Bhagalpur for filling up the vacancies on the post of clerk. He constituted a board of three persons for preparing the necessary panel after examining the answer books. On 18.5.1985 the respondent no. 2, while he was on tour of Bhagalpur suddenly changed the mode of appointment on the post of clerk by directing that a panel of candidates who secure qualifying marks in the written test to be held on 19.5.1985 be prepared according to their seniority in the cadre of Warders and appointments on the post of clerk be made on the basis thereof.