SHAKTINATH MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three petitioners in this writ petition have prayed for the issuance of writ in the nature of mandamus commanding the respondents to determine the seniority of the petitioners as Wireless Operators in the Bihar Police Radio, taking into consideration the services rendered by them earlier in the Indian Army in the same capacity, and to grant them time -bound promotion to the Selection Grade in the said rank by reason of the same having been granted to person junior to the petitioners in the Bihar Police Radio, and further for direction to the respondents to confirm the petitioners in the service of Bihar Police Radio as Wireless Operators in consideration of past service rendered in the Indian Army. It has also been prayed in the writ petition that direction be issued to the respondents not to compel the petitioners to undergo basic training, since the petitioners have successfully undergone grade/class -1 training in the Wireless course while working in the Indian Army. This relief was not pressed at the time of hearing of the writ petition because the petitioners have since gone for training.

(2.) BY amendment petition filed on 6.7.1995 the petitioners have prayed for additional relief, namely, that since B.M.P. -16 is a closed cadre, the posts of Inspector, Sub -Inspectors, A.S.I. and Operator Constable available in the Wireless Branch of B.M.P. -16 be filled up by the petitioners who belonged to the closed cadre of B.M.P. -16. This prayer was made on the assumption that the petitioners still belonged to the cadre of B.M.P -16 and, therefore, promotional posts must be filled up by the petitioners and others like them, who were initially appointed in B.M.P -16, but who were, along with the posts, subsequently transferred to the Bihar Police Radio.

(3.) THE case of the petitioners is that they had earlier served Indian Army and after rendering over 15 years of service they superannuated from the service in the Indian Army. The petitioners were appointed on 1.12.1983 as Literate Constable (Wireless Operator). In B.M.P -16 there were ten sanctioned posts of Inspector, twelve post of Sub -Inspector and fourteen posts of Assistant sub -Inspector and twenty -six posts of Literate Constable, but due to non -functioning of Wireless Branch in B.M.P -16 all the posts were surrendered to the Bihar Police Radio and services of the petitioners were also transferred to Bihar Police Radio on 15.12.1988. The case of the petitioners is that while serving the Indian Army they had undergone Class -I training in trade proficiency i.e. Operator, Switch Board and Line as also of technical proficiency. They had successfully passed such training examination. The grievance of the petitioners is that in reckoning their seniority, the services rendered by them in the Indian Army have not been counted and therefore, their names were shown lower down in the gradation list of Literate Constables (Wireless Operators), Bihar Police Radio, as would be evident from Annexure -4. The case of the petitioners is that their representation to the authorities brought no satisfactory result. Moreover, they were directed to undergo basic training in the wireless trade by the Assistant Inspector General (Wireless). This was arbitrary since the petitioners had already acquired necessary qualification for being appointed as Wireless Operators, and they having been granted certificates in technical proficiency and trade proficiency in Wireless branch by the Indian Army. As earlier noticed, the petitioners have since obeyed the order and have not pressed for any relief on this count.