RAM SEWAK CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) A dispute relating to inter -se seniority of three petitioners vis -a-vis respondent Nos. 6, 7, 8 and 9 reflected in the gradation list of Inspectors of District Commandant in the Home-guard Establishment which is subject matter of this writ petition which was filed in 1984. There is not dispute that three petitioners were senior to the respondents in the gradation list of Company Commanders. The petitioner and respondent Nos. 7 and 9 were appointed on 5.11.65 as Company Commanders. A gradation list prepared on 24.4.72, shows petitioner No. 1 at serial No. 34, petitioner No. 2 at serial No. 137 and petitioner No. 3 at serial No. 140 whereas respondent No. 7 at serial No. 144, respondent No. 8 at serial No. 279 and respondent No. 9 at serial No. (sic)

(2.) IN 1972 petitioner Nos. 1 and 2 were appointed as Civil Defence Instructor which is equivalent to the rank of Inspector vide order contained in Memo No. 11/77, dated 23.10.72 (Annexure 3). The petitioner No. 3 was appointed as Civil Defence Instructor on 29.3.74 (Annexure 4). Respondent No. 7 Raj Gopal Prasad Sinha was appointed as Education Officer in the pay scale of Sargent, which is equivalent to the rank of Sub -Inspector i.e. the rank inferior to the petitioners. Respondent No. 7 was appointed on 13.10.73. In the year 1976, the post of Education Officer held by respondent No. 7 was upgraded to the rank of Senior Instructor (Subedar) vide notification dated 13.7.76 (Annexure 5). This respondent was not recommended by the Selection Board for being appointed in the rank of Inspector in the Home -guard Establishment whereas the petitioners were appointed on the recommendation of the Selection Board. It is clear that respondent No. 7 -Raj Gopal Prasad Sinha got the rank of Inspector in 1976 much later than the petitioners.

(3.) IN the year 1978, Force Order No. 400/78 was issued from the Home -guard headquarter in respect of confirmation of Company Commanders with effect from 1.5.75. In the said list of confirmed Company Commanders, petitioner Nos. 1, 2 and 3 stand at serial Nos. 62, 65 and 68 whereas respondent No. 7 stands at serial No. 72 and respondent No. 8 at serial No. 202 (Annexure 6). The petitioners were officiating in the rank of Inspectors in Civil Defence Organisation which is subsidiary organisation of the Home -guard Establishment. In 1981, a Board was constituted for promotion of Company Commanders to the post of Inspectors. The said Board met in the month of April, 1981 and list of promoted officers was notified in Force order No. 671/81. In the said list the name of the petitioners stand at serial Nos. 39, 41 and 44 respectively whereas the name of respondent No. 7 stands at serial No. 144 and respondent No. 8 did not figure in the list (Annexure 7). These petitioners were shown senior to respondent Nos. 7 and 8 in the rank of Inspector.