MOHAN SHANKAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal relates to determination of principle of seniority. The appellants who were initially appointed in the Work Charge Establishment, were subsequently merged and confirmed in the Regular Cadre, in the Regular Establishment of the respondent State. The question for determination is whether he period rendered by the appellants in the Work Charge Establishment against equivalent posts is to be counted for the purpose of determination of seniority in the Regular Establishment or not.

(2.) The appellants filed a writ petition C. WJ.C No. 1223 of 1983 challenging one order dated 15th February, 1983. By the aforesaid order, it was directed to prepare a seniority list of Assistant Research Officers. The earlier period rendered by the appellants in the Work Charge Establishment against similar posts of Assistant Research Officer was ordered to be ignored. The writ-petition aforesaid has been dismissed by the learned single Judge which was analogous with another writ-petition. Hence, the present appeal.

(3.) The brief facts of the case are as follows: Under the respondent State in its Water Resources (Irrigation) Department, there are two Establishments: namely, (1) Work Charge Establishment, and (2) Regular Establishment. While the posts in the Work Charge Establishment are in the regular scale of pay, like that of the Regular Establishment, but such posts in the Work Charge Establishment are/were temporary posts. The appe|ants were initially appointed as 'Research Assistants', on temporary basis in the Work Charge Establishment of the Water Resources (Irrigation) Department. They were so appointed after following the procedure of appointment i.e. after advertisement, interview through the Selection Committee and on the basis of their position in the panel. The appellant No. 1 was appointed in the Work Charge Establishment as 'Research Assistant' on 5th March 1965; appellant Nos. 2 and 3 on 29th August, 1965. According to the appellants, while the advertisement was issued for appointment to the post of Research Assistant, in the said advertisement, it was not mentioned that the appointments were made in the work charge Establishment of the Department. However, when the appointment letters were issued to the appellants, therein it was mentioned that they have been appointed as 'Research Assistant' in the Work Charge establishment on temporary basis. To support their averment they have annexed copy of advertisement dated 22nd April, 1965. It is to be taken into note that the post of research assistant has been redesignated as 'Assistant Research Officer'. Admittedly, there are equivalent post of research assistant (now known as 'Assistant Research Officer'), with same scale of pay, qualification etc. in the regular establishment of the Department. The seniority of persons employed in the regular establishment used to be maintained separately in the year 1974, the Cadre of all research assistants of different Departments, like - Irrigation Department, R.V.P. Department were unified to a joint unified cadre, vide decision contained in letter No. 1125 dated 27th July 1974. However, this unification of cadre of research assistants was with regard to the research assistant who were in the regular establishment.