AMIYA CHAKRAVARTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 12.7.1995 of the respondent no. 1, the State of Bihar, appointing respondent no. 4, Hari Sharan Srivastava as Director, Dairy Development.

(2.) IT appears that the petitioner, Amiya Chakravarty, was appointed as Dairy Overseer Class III on 20.8.1959 and was promoted to the post of Dairy Supervisor Class III on 9.5.1962. Later on, he was promoted to the post of Dairy Extension Assistant on 18.10.1965. He was sent on deputation as Assistant Manager Class I in the Bihar State Dairy Corporation (for short 'the Corporation)' in the year 1975. He returned to his parent department in 1979 and was promoted to the post of Dairy Extension officer in Bihar Animal Husbandry Service (for short the BAH Service') Class II on 14.1.1981. He was posted as Deputy Director in the BAH Service Class I with effect from 29.9.1988 in his own pay scale. On 25.4.1989, he was recommended by Departmental Promotion Committee for regular promotion with effect from 1.5.1987. On the other hand, the respondent no. 4 was appointed as Dairy Engineer, the BAH Service Class II Junior Branch on 27.11.1964 and was promoted to the post of Dairy Engineer, the BAH Service Class II Senior Branch on 28.2.1971. He was sent on deputation to the Corporation on 8.2.1975. He resigned from the post of Dairy Engineer, the BAH Service Class II Senior Branch on 1.8.1975 and became regular employee of the Corporation. The Corporation was liquidated on 10.2.1984 and the respondent no. 4 was appointed as Dairy Engineer in the BAH Service Class I on 30.10.1986 on adhoc basis on 14.1.1988, on the recommendation of the Bihar Public Service Commission, he was appointed on the said post on regular basis on 1.12.1990, he was given the additional charge of the post of Regional Joint Director on 1.11.1992, the Bihar Public Service Commission recommended him for appointment on the post of Director, Dairy Development. Feeling aggrieved, the petitioner filed this writ petition. On 12.7.1995, the respondent no. 4 was appointed as Director, Dairy Development and, therefore, the petitioner got the writ petition amended to incorporate the relief for quashing his appointment.

(3.) HEARD the learned counsel for the parties and perused the record.