ASHOK KUMAR GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Services of all nine petitioners belong to Subordinate Education Service (hereinafter referred to as S.E.S.), status of their service is gazetted and supervisory in nature.

(2.) Petitioners had filed this application initially for quashing Memo No.1638 dated 11.10.2006 issued by the Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar to adjust the supervisory staffs of Adult Education, retrenched from the posts of Clerk-cum-Accountant and Clerk-cum-Typist on the vacant posts of Block Education Extension Officer (hereinafter referred to as the B.E.E.O.) of Subordinate Education Service Cadre. Subsequently I.A. No. 2102 of 2007 was filed by the petitioners challenging the order dated 27.3.2007 contained in Memo No. 285 issued by the Director, Primary Education Department of Human Resources, Government of Bihar transferring 184 Block Education Extension Officer to different posts within their own cadre, on the ground that in order to adjust the retrenched employees of adult education mass transfer order has been passed.

(3.) Four interlocutory applications have been filed for being impleaded as respondents claiming to be necessary party. I.A. No. 2526 of 2007 and I.A. No. 2528 of 2007 have been filed by those intervenors who are supporting the case of the petitioners. Intervenors in I.A. No. 2526 of 2007 are members of lower Subordinate Education Service. Their case is that by suppressing all earlier decisions the State Government vide order contained in letter no. 967 dated 20.4.1971 decided to fill up 50% of the vacancies of S.E.S. cadre lower division from amongst the members of Lower Subordinate Service on the basis of their seniority and service record. Thereafter vide letter no. 27 dated 7.1.1976 issued by the Special Secretary of the Government the State Government issued instruction for promotion of Subordinate Education Service Cadre lower division from Lower Subordinate Service category. For appointment/promotion to Subordinate Education Cadre lower division requisite qualification is B.A., B.Ed, or Dip-in-Ed. training course of two years. Till the date appointments/promotions in the aforesaid branch of S.E.S. have been made with the aforesaid qualification. Earlier there were two division of S.E.S. namely lower division and upper division. Initially appointments were made in lower division of S.E.S. and thereafter persons were being promoted/ appointed to upper division of S.E.S. Subsequently the State Government vide letter no. 11607 dated 11.11.78 merged lower division and upper division of S.E.S. and declared the post as Gazetted. After merger of two divisions, 50% vacancies of S.E.S. is filled through promotions from amongst the persons of Lower Subordinate Service category possessing requisite qualifications. The intervenor respondents are working in L.S.S. category as Assistant Teachers in different Government basic schools for more than 20 years and till date they have not been promoted to S.E.S. cadre. Their case is that on account of the resolution contained in Memo No. 1638 dated 11.10.2006 300 persons retrenched from the post of Clerk-cum-Accountant and Clerk-cum-Typist of Adult Education supervisory category are going to be adjusted on the gazetted posts of B.E.E.O. of S.E.S. cadre. On account of such adjustment, the promotional prospects of the intervenor respondents is going to be blocked. The retrenched employees are going to be adjusted on the post of higher in status in all respect. Their seniority will also be reckoned from the date of their joining in S.E.S. cadre, such adjustment is not permissible. On account of such appointment/adjustment intervenor respondents and other Assistant Teachers who were appointed in L.S.S. cadre in the year 1991 and waiting for promotion for more than 25 years to the post of S.E.S. are going to be affected. Ignoring their claim the retrenched staffs cannot be adjusted/ appointed.