SINHA Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD the parties.

(2.) ALL the three Letters Patent Appeals arise out of same judgment an order dated 10.5.2007 whereby the Writ Court dismissed CWJC No. 4257 of 2007 and also rejected the case of interveners. who had joined the writ petitioners to assail an order of the State Government dated 11.10.2006 contained in Annexure -5 to the writ petition. By that order the State Government allowed absorption of 334 retrenched Supervisors of Mass Education Scheme on posts under the Subordinate Education Service (SES) but on a lower pay scale of 5000 -8000 with stipulation that their seniority in SES would be only from the date of their entry on account of absorption and they will have to undergo training within a fixed time period. During the pendency of the writ petition, the orders of transfer and posting dated 27.3.2007 and 3.4.2007 were also challenged by the nine writ petitioners. The nine writ petitioners belong to SES and they failed to satisfy the Writ Court that the Government had committed any illegality in absorbing the 334 retrenched Supervisors. They also failed to show that they had suffered any legal injury by way of loss of seniority etc. on account of impugned absorptions. Hence, the writ petition by the nine members of SES was dismissed by the order under appeal.

(3.) THE interveners belong to Lower Subordinate Education Service (LSS) and one of them, Kumar Anand Ranjan has claimed to be General Secretary of LSS. The interveners case was also rejected by the Writ Court by holding that their chances of promotion are not affected on account of absorption of the retrenched Supervisors, who according to the State. have been absorbed against quota of direct recruits.