RATAN KUMAR ADHIKARY Vs. STATE OF BIHAR THROUGH SECRETARY, REVENUE AND LAND REFORMS, GOVERNMENT OF OLD SECRETARIAT

JUDGEMENT

(1.) THE petitioners have prayed for a direction to the respondents to give them seniority and, accordingly, amend the gradation list and also to pay their salary with all increments and other ancillary payments with effect from 8.7.1980 in view of the resolution of the State Government contained in Memo No. 1381 dated 8.7.1980 (Annexure -1).

(2.) PETITIONERS ' contention is that by the said resolution (Annexure -1), all the Typists and Copyists working in the Collectorates on remuneration basis were declared as Government Servant and their service conditions and rules and regulations were made same and similar to that of Class III posts of the State Government employees and the scale of Lower Division Clerk was approved for them.

(3.) MR . M.S. Akhtar, learned standing counsel No. II, appearing for the respondents, with reference to paragraph 5 of the counter -affidavit filed on behalf of the Deputy Commissioner, Sahibganj (respondent No. 2) submitted that the petitioners were working on remuneration basis in the Collectorate before the said order dated 8.7.1980 was passed by the State Government and they started getting regular pay with effect from the said date i.e. 8.7.1980, but they could be actually absorbed or adjusted against the existing vacancies only on 12.11.1986 (Annexure -2) which was in consonance with the said order of the State Government dated 8.7.1980, (Annexure -1). He further submitted that before 1983, Sahibaganj was the Sub -Division of Dumka District but orders were not issued by Dumka District. However, the existing vacancies could be found in Sahibganj district in 1984. As per the said order dated 8.7.1980, 15% of the then vacancies were to be reserved for Typists/Copyists working on remuneration basis and against those 15% existing vacancies, the petitioners were absorbed vide order dated 12.11.1986 in terms of Clause 7 of the said resolution dated 8.7.1980 and, therefore, the petitioners cannot be given seniority from 8.7.1980 as on that date, the then existing vacancies were not known to the newly created Sahibganj District in 1983. It took time to ascertain vacancies in different sections of the Collectorate. Thereafter the petitioners were absorbed in 1986 only after leaving 15% posts of Grade III, 85% posts were advertised and petitioners and general candidates were appointed in Class III posts. It has been clearly stated in Clause 7 of the Government resolution dated 8.7.1980 that 15% posts in the regular cadre of Grade III employees would be reserved for Typists and Copyists and unless and until 15% posts could be ascertained, the petitioners could not be absorbed.