JANARDAN PRASAD VERMA Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) PETITIONER was recruited to Bihar Administrative Service as Sub -Deputy Collector on 07 th of May, 1973 and thereafter he earned various promotions from time to time in the senior selection grade and super selection Grade I on 20 th of October, 2000. He became eligible for consideration for promotion to the Indian Administrative service in the year 1999. It is alleged that no meeting was held in the year 1999 or in the year 2000 for consideration of the State Administrative Service Cadre Officers for induction to Indian Administrative Service in the promotion quota made for the State of Bihar. It was in the month of May, 2001 the Selection Committee was constituted in terms of Regulation 5 of the Indian Administrative Service (Appointment by Promotion) Regulation, 1955. The cases of eligible candidates including the petitioner were considered. As many as 32 persons were recommended for appointment by promotion out of the 54 Officers from the State Service by the duly Constituted Committee. The Committee recommended the petitioner on being found fit to be appointed to the Indian Administrative Service from the States Promotion Quota. However, formal appointment order could not be issued for want of "Integrity Certificate" by the State of Bihar. Petitioner preferred W.P. (S) No. 1167 of 2002 seeking a direction for issue of Integrity Certificate. This Writ was allowed vide order dated 15 th of February, 2005 and following directions were issued. In that view of the matter, 1 direct the Respondent -State of Bihar to issue Integrity Certificate, if there is no legal impediment, within a period of 30 days from the date of receipt of copy of this order.

(2.) WHEN this judgment was not complied with, a Contempt petition was preferred by the petitioner being Contempt Case (C) No. 422 of 2002. During the pendency of the Contempt petition, State of Bihar took a decision to issue the Integrity Certificate. Statement was made before the Court that the Integrity Certificate has already been issued and sent to the Union Public Service Commission by letter dated 17 th of September, 2003. This Contempt petition was disposed of, accordingly with a direction to the Union Public Service Commission to deal with the matter as expeditiously as possible. Petitioner has also placed on record the Integrity Certificate issued by the State of Bihar. It is alleged that despite the aforesaid directions passed in the Contempt application and issuance of the Integrity Certificate, the claim of the petitioner has not been considered by the Union Public Service Commission and the Union of India for his appointment/promotion to the Indian Administrative Service, despite his selection by the Competent Selection Committee and in the meanwhile petitioner has retired from the service on 31 st January, 2003 on attaining the age of superannuation as Deputy Development Commissioner, Sahebganj, Jharkhand.

(3.) LEARNED Counsel appearing for the Respondent No. 1 has argued that since the petitioner has retired from service his claim cannot be considered. A similar issue came up for consideration before the Division Bench of the High Court of Punjab and Haryana in Civil Writ Petition No. 15426 of 1998, which was decided vide judgment dated 23 rd of November, 1998. In this judgment, what was observed by the High Court of Punjab and Haryana is noticed as under: