SUNIL KUMAR MAURYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioners as well as learned counsel for the respondents.

(2.) The present writ petition has been filed for a direction to the respondents to grant seniority to the petitioners as per the recommendation made by the Bihar Public Service Commission (for short, "the Commission") pursuant to which persons junior to them were appointed in August, 2004 and to grant all benefits as in the case of their juniors, such as benefits of old pension scheme and salary at par with juniors with effect from August, 2004, along with arrears.

(3.) The short facts of the case, according to the petitioners, are that pursuant to Advertisement No. 21/99 issued by the Commission for appointment on 28 posts of Assistant Jailors under Home Department, to which 20 more vacancies were subsequently added thus bringing the total number of 48 posts, the petitioners along with other persons applied and after passing the requisite preliminary and main examinations, the petitioners and others were recommended by the Commission vide letter no. 36 dated 03.07.2002 for appointment to 43 posts of Assistant Jailors in accordance with the respective position of the candidates in the merit list. Thereafter in view of the new reservation policy, the revised recommendation was sent to the State Government by letter 25.08.2003 with respect to only 29 candidates including the petitioners. Owing to inaction on the part of the respondents, the petitioners approached this Court which, by its order dated 30.06.2004 in CWJC Nos. 10006 and 14515 of 2003, directed the respondents to consider the cases of the petitioners pursuant to the recommendation of the Commission dated 23.06.2003. The revised recommendation was then sent for 28 persons by letter dated 15.07.2004 but some controversy arose with regard to the recommendation considering the minimum height prescribed in the advertisement. The appointment of some persons was made by the Additional Home Commissioner-cum-I.G. Prison, Bihar vide Memo No. 3977 dated 09.08.2004 but, however, the names of the petitioners were not included in such appointments while the persons junior to the petitioners in the panel recommended by the Commission came to be appointed. The petitioners once again approached this Court and they were finally appointed vide Memo No. 6179 dated 19.12.2008 issued under the signature of the Inspector General, Prison, Bihar, Patna. The petitioners accordingly claimed all the rights and benefits in accordance with their position in the merit list recommended by the Commission and as made available to the persons junior to the petitioners, who had been appointed in August, 2004 prior to the appointment of the petitioners in December, 2008, including the benefit of old Pension Scheme which was in operation in 2005.