AJAY KUMAR VERMA, SON OF LATE RAMCHANDRA PRASAD VERMA Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) In the present case, petitioners are challenging the final gradation list, contained in memo no.3843 dated 5.6.2008 by which respondent nos. 5 to 9 who have been absorbed in the cadre of Plant Protection Inspector-cum-Surveillance Inspector/Pest and Disease Reporter (hereinafter mentioned as Surveillance Inspector)in the year 2003 has been illegally shown senior to these petitioners who entered into the cadre in the year 1993, further prayer has been made, to declare the petitioners as senior to respondent nos. 5 to 9 as petitioners have entered into service much earlier than respondent nos. 5 to 9. Further prayer has been made that respondents be directed not to take any action including grant of promotion on a higher scale on the basis of the illegal gradation list dated 5.6.2008 (Annexure-1).

(3.) Petitioners were appointed as Pest and Diseases Reporter in the office of the Joint Director, (Plant Protection) Agriculture Department, Government of Bihar vide notification dated 16.1.1993 (Annexure-4) on the basis of the recommendation of the Sub-ordinate Service Selection Board where the name of Ajay Kumar Verma petitioner no.1 and name of Anil Kumar, petitioner no.2, appear at sl. no.1 and sl. no.12 respectively. A seniority list of Pest and Disease Reporter/Surveillance Inspector/Plant Protection Inspector dated 5.8.1994 (Annexure-5) was published where Ajay Kumar Verma petitioner no.1 has been shown at sl. no. 36, where entire details has been mentioned, the date of entry in the service has been shown as 16.1.1993. Anil Kumar, Petitioner no.2 is at sl. no. 96 the date of entry in service has been mentioned as 16.1.1993 vide letter no.542 and thereafter another gradation list dated 16.4.2003 (Annexure-6) was prepared where Ajay Kumar Verma, petitioner no.1 has been shown at sl. no.19 whereas, Anil Kumar, petitioner no.2 has been shown at sl. no.29. It would be relevant to mention here that both seniority lists do not reflect the names of respondent nos. 5 to 9. Respondent nos. 5 to 9 were earlier working under Tobacco Development Scheme which was quite different and distinct cadre. The Government of Bihar after due consideration decided to abolish the said post of Tobacco Development Scheme and finally the Government abolished and decided to absorb their services in cadre of Surveillance Inspector and accordingly vide order dated 17th October, 2003 (Annexure- 7) absorbed them in the aforesaid service subject to verification of their qualification. The Joint Director vide letter dated 15.12.2003 (Annexue-8) informed the Director, Agriculture to have received instruction to accommodate respondent nos. 5 to 9 in the cadre after verification of qualification requested the Director to take decision and decide their place of posting. After verification it was found that respondent nos. 5 to 9 were possessing the qualification of B.Sc. Zoology i.e. requisite qualification. Accordingly vide letter dated 9.3.2004 they were absorbed and posted in the vacant post of Surveillance Inspector at different places in the Agriculture Department. In this manner respondent nos. 5 to 9 entered into cadre of Surveillance Inspector on and after 17th October, 2003 whereafter a provisional seniority list was published by Deputy Director Administration dated 29th January, 2008 (Annexure-9 series) wherein respondent nos. 5 to 9 in block have been shown senior to petitioner nos. 1 and 2.