CHANDRA KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four analogous writ petitions are being disposed of by this common judgment as identical questions of law are involved in these cases.

(2.) Whether these analogous petitions are barred by laches, and whether the judgment of the learned Single Judge dated 7th August, 1986 passed in C.W.J.C. No. 2358 of 1981 allowing the petition can be said to have been rendered per incuriam, and whether under the circumstances petitioners are entitled to the reliefs claimed and be held seniors to the private respondents, are the questions that fall for our determination in these four analogous writ petitions which shall be referred as C.W.J.C. Ist, C.W.J.C. IInd, C.W.J.C. IIIrd and C.W.J.C. IVth.

(3.) In the first writ petition (6423/90) the petitioners are Deputy Collectors of the 25th batch of Officers appointed under the Bihar Civil Service (Executive Branch) and Bihar Civil Service (Junior Branch) Recruitment Rules, 1951. In view of the letter dated 6th October, 1976 103 vacancies for the post of Deputy Collectors were communicated to the Bihar Public Service Commissioner (for short the Commission) and relevant advertisement for recruitments was published by the Commission in the Searchlight (Newspaper ) in its issue dated 9th October, 1976 and the examination was held from December, 1976 to January, 1977. Results were published on December 1, 1977; The Commission communicated the result to the State Government in view of the letter dated 3rd April, 1978 for appointment of the candidates in order of merit for 103 vacant posts of Deputy Collectors. Petitioners and other candidates of 25th batch were appointed as Deputy Collectors vide Notification No. 14572 dated 28-7-78 (Annexure-6). Respondents 192 to 393 were appointed as temporary Sub Deputy Collectors on ad hoc basis, on the basis of the Notification dated 30.5.74 (Annexure-7). Respondents 3 to 191 were appointed as Sub Deputy Collectors on the basis of the results of 23rd Combined Competitive Examinations held in December, 1976 to January, 1977 (Vide Notification dated 3-7- 77). (Vide Annexures 8 and 8/A) The State Government conceded the main demand of the Association formed by Bihar Civil Service Association to merge Bihar Civil Service (Executive Branch) and Bihar Junior Civil Service into one service including the officers of ex-cadre posts even carrying the equal pay-scale w.e.f. April 1, 1974 (vide Annexure-9). In this resolution dated 24-3-74 it was decided that merger would be effected in three phases keeping in view the seniority of the officers. In the first year 1/3rd of the total strength of the Sub Deputy Collectors would be merged whereas, 1/3rd in the second year and rests in the 3rd year. Only those could however be promoted who were entitled to against the posts available under promotion quota. Respondents 103 to 292 in the first C.W.J.C. were appointed as temporary Sub-Deputy Collectors for consolidation work, even though excluded in the ambit of merger in view of the resolution dated 23.4.74 (Annexure-10) were appointed as temporary Sub-Deputy Collectors w.e.f. 1-12-79 or probation. Respondents 192 to 293 were appointed as Sub Deputy Collectors in the pay scale of Rs. 455-840/- in Bihar Civil Service (Junior Branch) on ad hoc basis and in that capacity they continued till 4th April, 1979. In the civil list of 1978 the petitioners and the officers of 25th batch occupied serial No. 228 to 2378 in the cadre of Deputy Collector. Respondents 3 to 293 all along held posts in lower grade than the petitioners posted on the basis of. carrying high, responsibility. Respondents 3 to 292 were, however, shown by the State Government above the petitioners in the civil list dated 28.7.86 (Annexure 6). The position of the petitioners was at serial No. 2158 to 2248. The civil list is normally compiled without inviting objections. Memo No. 15774 dated 26-8-72 laid down the procedure for preparation of gradation list of officers of various cadres of services under the State Government. In other words, the civil list was not compiled in accordance with the procedure laid down. As yet the petitioners have no officially received any information by which they were asked certain information for compiling the civil list. Petitioners have learnt from it and this is why petitioners could not come to High Court earlier. The list so compiled is arbitrary. There appears no nexus in merging two cadres of Deputy Collectors and Sub Deputy Collectors into one (Annexure-10) and to appoint Respondents 3 to 292 on the basis of merger with retrospective effect. In this way petitioners valuable rights of seniority have been taken away. The petitioners having no other equally efficacious remedy than coming to this Court, have sought for issuance of a writ of certiorari quashing the Notification dated 22-9-79 of the Government of Bihar in the Department of Personnel and Administrative Reforms (Annexure-1), whereby respondents 103 to 292 were appointed as Deputy Collectors with retrospective effect from 1-12-1977 on the basis of the decision taken on 24-3-74 (Annexure-9), and also to quash the notification dated 21-3-87 Annexure-2) appointing Respondents 103 to 292 as Deputy Collectors with retrospective, effect from 1-4-96 instead of 1-12-76 and to quash notification dated .21-9-79 and 5-9-90 (Annexures 3 and 4) whereby respondents 3 to 191 were appointed as Deputy Collectors with retrospective effect from 1-12-77 and to quash the seniority list dated 28-7-1986 showing the respondents 3 to 292 above the petitioners, and for issuance of a writ of mandamus directing the respondents 1 and 2 to fix the seniority afresh according to the rules.