VICTORIA PURTI, D/O LATE MANSIDH PURTI Vs. STATE OF BIHAR REPRESENTED THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties.

(2.) In this case, the petitioners are challenging the order contained in memo no.1127 dated 28.03.2006, by which the Government has put in abeyance Rule -12(b) of the Bihar Industries Service Cadre Rules, 1987 applying the doctrine of relaxation Rule in cases of exceptional hardship and thereby the private respondents were regularized to the post of Functional Manager. Further challenged the seniority list, which has been circulated vide office order dated 28.02.2012, in which these petitioners have been shown to be junior to the private respondents. Further prayer has been made to declare the petitioners and others as senior to the private respondents.

(3.) The facts of this case are that at the instance of the State Government by way of special drive 19 posts of Manager (Credit) especially for Scheduled Caste and Scheduled Tribes were published by the Bihar Public Service Commission vide advertisement no.11 of 1988, against that, the private respondents have applied and finally they were selected and recommended by the Bihar Public Service Commission for being appointed as Manager (Credit), but they were appointed as Functional Manager, which is a promotional post of the Project Manager, vide memo no.5404 dated 18.05.1990 (Annexure-4). Accordingly, the private respondents have joined the said post and started functioning as Functional Manager in the pay scale of Rs.1350-2000/-, revised pay scale of Rs.2400- 4150/-. It will be relevant to state at this stage that the Bihar Public Service Commission had issued advertisement for recruitment/selection of Manager (Credit) as well as after selection process was over, recommendation was made for appointment to the post of Manager (Credit), as the post of Manager (Credit) was not available, the private respondents were appointed as Functional Manager, they continued to hold the said post of Functional Manager. A provisional gradation list was published vide letter no.2771 dated 02.05.1992 (Annexure5), inviting objection, if any, from the effected persons, in which the petitioners were shown to be junior to the private respondents. In pursuance thereof, objection was filed by one Shyam Narayan Ram, who was also appointed along with these petitioners, but the authority has not taken cognizance of that objection, published another provisional gradation list, in which also the petitioners were shown to be junior to the private respondents. Again, the Department published provisional gradation list vide memo no.586 dated 31.01.2008 (Annexure8). This time also the petitioners were shown to be junior to the private respondents. Against that, the petitioners filed their objections dated 01.01.2000 (Annexure -9 series).