SURYA VIJOY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three cases have been heard together, but I shall take up C.W.J.C. No. 206 of 1968 first. In this case, petitioner Shri S.V. Singh was appointed as a technical assistant of the Patna Improvement Trust, hereinafter referred to as 'the Trust', in the year 1955. He was promoted to the rank of the Assistant Trust Engineer on the 22nd February, 1956. Respondent No. 5, Shri R.K. Akhaury, was appointed Assistant Engineer in the Trust on the 22nd July, 1955. The seniority of the Assistant Engineers was determined by resolution Nos. 4 and 5 of 1957. Shri R.K. Akhaury was No. 4, whereas Shri S.V. Singh was placed as No. 7. A permanent post of Executive Engineer fell vacant with effect from the 1st April, 1958, against the vacancy caused by the resignation of Shri J. P. Das, Executive Engineer. In 1966, two permanent posts of Executive Engineers came to be filled up-- one against the vacancy caused by the resignation of Shri J.P. Das, as said earlier, and the other with effect from the 10th January, 1966, as a result of the resignation of Shri S.R. Munipali, Executive Engineer.

(2.) In the year 1961, two divisions were created by the Trust Resolution No. 210/61 and the Government sanctioned the creation of these two divisions by their Memo No. 6501 dated the 9th August, 1962. These two posts were filled up by Shri R. K. Akhaury and Shri S.V. Singh, who were temporarily appointed as Executive Engineers for a period of six months under the second proviso to Section 28 (c) of the Bihar Town Planning and Improvement Trust Act, 1951, hereinafter referred to as 'the Act'. The Public Service Commission was, in the meantime, accordingly moved through the Government for concurrence in their appointment as Executive Engineers. The concurrence of the Public Service Commission was received in the month of March, 1963. The Public Service Commission observed that concurrence in their appointment was without prejudice to the claim of Shri Ranjit Sinha. The Trust by its Resolution No. 198/64 dated the 27th September. 1964, regularised the appointment of these two officers:

(3.) Meanwhile, Shri R.K. Akhauri sought employment under the Magadh University and he was relieved from the services of the Trust to join his new assignment on the 6th October, 1963. He was granted lien on his substantive post of the Assistant Trust Engineer.