RAS BIHARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN view of the order dated 21.2.97 this writ petition was heard along with C.W.J.C.No. 2046 of 1995. However, considering the difference in the facts of the two cases, this writ petition is being decided by a separate judgment.

(2.) THIS writ petition is directed against the order dated 22.7.96 of the Board of Directors, Sasaram -Bhabhua Central Cooperative Bank Ltd., Sasaram (for short 'the Bank ') assigning seniority to the petitoners in the cadre of Assistant with effect from 8.5.86.

(3.) ON the other hand, the case of the respondents is that the petitioners were appointed as Supervisor in the Primary Cooperative Societies under the Marginal Farmers Scheme at the local level under the arrangements between the then Managing Director of the Scheme and the Management of the Bank. The marginal Farmers Scheme abolished after three years but the petitioners were wrongly allowed to continue to work. The respondent no. 2, Registrar Co -operative Societies, Bihar, Patna, got the inspection made of the cadres of the Co -operative Bank in the year 1985 when it came to light that the petitioners were working in the Bank illegally. In the inspection report, the Supervisors working in different Branches of the Bank were declared additional workers and it was suggested that a separate cadre be kept for them after obtaining permission from the respondent no. 2. However, on 8.5.66 the Board of Directors of the Bank decided to merge the cadre of Supervisor, in the cadre of Assistant. The combined seniority list of the cadre of Assistant was published on 21.9.90 without considering the objections of the Assistants, who were already in that cadre. After publication of the final seniority list the Assistants informed the Administrator that the final seniority list has been published without considering their objections and concealing material facts from him. He, accordingly, again invited objections. In the meantime, a new Board of Directors was constituted and, therefore, no action could be taken by him in the matter. On 16.1.88 the State Government appointed a Departmental Promotion Committee. On 8.9.94 the Departmental Promotion Committee recommended that the combined seniority list published on 21.9.90 be reviewed. On 30.9.94 the Departmental Promotion Committee recommended that the Supervisors may be assigned seniority in the combined seniority list of Assistant cadre with effect from 8.5.86, when the cadre of Supervisor was merged with that cadre. The recommendations of the Departmental Promotion Committee was accepted by the Board of Directors on 22.7.96 and it was decided to assign seniority to the Supervisor in the combined seniority list of Assistant cadre with effect from 8.5.86. It is further stated that there was no cadre of Supervisor in the Bank Service at any point of time and, therefore, question of their being appointed in the service of the Bank did not arise. They became member of the Bank Service only after merger of the cadre of Supervior in the cadre of Assistant on 8.5.86 and were rightly assigned seniority in that cadre from that date.