RUPA KUMARI SHRAMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these writ applications the prayer of the petitioners are similar as such they have been heard together and are being disposed of by a common order.

(2.) ALL these writ applications were heard along with C.W.J.C.No. 6467 of 2007 as the petitioners have challenged their transfer order issued by the Commissioner -cum - Secretary, Rural Development Department, Government of Bihar contained in Office order No. 126 and 127 dated 4.5.2007 on the basis of the resolution contained in Memo No. 2828 dated 29.3.2007 erroneously absorbing the petitioners as government servants. I found that the case of petitioners in C.W.J.C.No. 6467 of 2007 is different from the case of the petitioners in all other writ applications as such they are being disposed of by two different orders.

(3.) PETITIONERS had applied in pursuance of the advertisement for the post. They appeared in the interview before the Selection committee constituted under the Chairmanship of the Divisional Commissioner and appointed by the District Magistrate on recommendation of the Selection Committee against sanctioned posts on substantive basis by the Rural Development Department, Government of Bihar for which budgetary allocation was also there. Since they were appointed against the permanent posts as such definite service conditions Rule was required to be framed in their case also as in case of other non gazetted government employees. Petitioners case is that after being appointed they were admitted to annual increment after passing Hindi Noting and Drafting examination, subjected to G.P.F. contribution, getting gratuity and other pensionary benefits, but it was not decided as to whether they belong to State cadre or district cadre. Once a dispute arose about payment of house rent to the Lady Extension Officer it was clarified by the Government of Bihar through Memo No. 3401 dated 10.4.1987 that Lady Extension Officers are entitled to get same benefit at par with the State government employees, Petitioners have annexed the orders passed in C.W.J.C.No. 8447 of 1995 and C.W.J.C.No. 11971 of 1996, in order to emphasize that by the impugned orders their service conditions have been changed in violation of order passed in earlier writ application. C.W.J.C.No. 11971 of 1996 was filed by the Lady Extension Officers as mode for payment of their salary was being changed. The writ application was disposed of and it was held as follows: "In my view, if it is fact that posts of Lady Extension Officer is a cadre post, then the State Government should take a decision as to whether the cadre is State cadre or district cadre within a period of six months from the date of receipt/production of a copy of this order by the petitioners before the Commissioner -cum -Secretary, Rural Department, Government of Bihar and Commissioner -cum -Secretary Department of Finance, Government of Bihar, respondent No. 2."