KEDAR NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions relate to disputes of seniority arising as a result of merger of the junior and senior branches of the Bihar Finance Service in the year, 1975. Though the main issues concerning the controversy were earlier decided by this court in a judgment reported in 1986 P.L.J.R. 992, a few cases such as these two seem to have lingered on. C.W.J.C.No. 4082 of 1991

(2.) KEDAR Nath Ram who is the sole petitioner in CWJC No. 4082/1991 seeks a declaration to be treated as senior to respondents 4 and 5 and a consequent direction to the concerned authorities to make necessary corrections' in the gradation list, dated 18.4.1987 (Annexure 7) and the final gradation list, dated 29.5.1996 which has been brought on record as Annexure 10 to the amendment petition filed in this case.ln the final gradation list the petitioner is shown at serial no. 103 with his date of joining the service being shown as 4.12.1975; respondents 4 and 5, on the other hand, are at serial nos. 86 and 87 with 1.4.1975 being shown as the date of their entering the service.

(3.) IN the meanwhile, however, the Government had taken a decision to merge the two branches of the Bihar Finance Service by resolution, dated 1.4.1975 (Annexure 4). The resolution also provided the manner and the mode of appointment of officers who were in the junior branch to the senior branch of the service following the merger. This resolution was in Hindi but its English translation as given in the earlier decision of this Court (1986 P.L.J.R 992) is reproduced below: ''The proposal of amalgamation of the Bihar Finance Service Junior and Senior branches was under consideration of the State Government. The State Government, after mature consideration, has resolved that the two branches of the Bihar Finance Service be amalgamated/merged. The two branches shall be merged as follows: (a) The merger of the Senior and Junior branches shall be effective from 1.4.1974. (b) The officers of Junior branch of the Bihar Finance Service shall be merged with the officers of Senior branch. (c) Leaving aside such of those officers, who will be promoted to the senior branch of the service in accordance with the available vacancies on 1.4.1974, the other officers shall be merged serially within three years. One third officers of the junior branch shall be merged in order of seniority with effect from 1974. The next one third from 1975 and the rest one third in 1976. (d) As a result of the amalgamation leaving aside such of the officers, who may be promoted to the senior branch from the junior branch in accordance with the available vacancies of 1974, other officers merged with the senior branch shall not be deemed to have been promoted to the senior branch. Their salaries will be fixed in terms of rule 78 (a) of the Bihar Finance Code in the senior branch at the first stage. (e) Where the Bihar Public Service Commission had held competitive examination for appointments to the junior branch of the Finance Service, they shall be appointed to the junior branch and later they will be absorbed in the senior branch in the third stage. (f) After the amalgamation, appointments shall be made only to the senior branch. ''