Binod Kumar Jha & Ors. Vs. Prakash Ranjan Kumar & Ors.
Email(Arising out of SLP (C) 19250-19251/1999)
(Arising out of SLP (C) 19250-19251/1999)
Appointment – Regularisation – Seniority – Appellants selected and appointed through 30th Competitive Examination into different schemes – Schemes not permanent in nature – Writ petition filed in High Court for regularisation – Court passing order for regu-larisation – Contempt proceedings – Observations made that these employees should be treated as regular employees of the 30th Examination – Govt. of Bihar issuing a Notification on 13.1.99 – Regular cadre appointees of 31st examination assailing the legal-ity of the Notification in High Court – Writ petition pending – Interim order restraining State from giving any retrospective seniority to those who were regularised by the Notification dated 13.1.99 – Whether High Court correct in passing such interim order. Held : No. Opinion expressed in view of pending writ petition, interim order modified to the extent that the employees selected in 30th examination and who were absorbed before 13.1.99 shall be treated as senior to those who had come in cadre pursuant to 31st examination.
1. Leave granted.
2. An interim order of a learned Single judge of the Patna High Court is under challenge in this appeal-application. The Appellants-applicants had been selected on the basis of 30th Combined Competitive Examination. They were appointed into different schemes which were not of permanent nature and they had obtained some orders directing regularisation of their services, from the Court by filing writ petition. Some observations have been made by the High Court in contempt proceedings therein indicating that they should be treated to be regular appointees of the 30th Examination. When the Government of Bihar issued a notification dated 13th January, 1999. the officers of the regular cadre of Bihar Education Service Cadre-II who had been appointed pursuant to the Combined Competitive Examination of 31st Examination, assailed the legality of the said notification dated 13th January, 1999 which is now pending consideration before the High Court.
3. In the aforesaid writ petition an interim order has been passed which is the subject matter of grievance of the present Appellants-applicants. By the impugned interim order the High Court has restrained the State of Bihar from giving any retro-spective seniority to those officers who though were not absorbed in regular cadre notwithstanding they being successful on the 30th Competitive Examination but are being regularised by the notification of 13th January, 1999.
4. Mr. Dwivedi, learned senior Counsel appearing for the Appell-ants – Applicants, contends that in view of the orders passed in the contempt proceedings, there would be no justification to deny the seniority to those of the officers who are being regularised by the notification dt. 13th January 1999 in view of principles already decided by the Division Bench of the High Court in the contempt proceedings. Mr. Mishra, learned senior counsel appear-ing for the respondents, on the other hand, contends that the entire writ petition would become infructuous and the question of seniority of those persons should depend upon the ultimate conclu-sion as to whether the notification of 13th June, 1999 is valid or not, which is the subject matter of consideration in the pending writ petition. He further contends that even if the services of these people would be regularised yet in the cadre in question they may not be held to be senior over those who were in the original cadre pursuant to their being successful in the 31st Examination. We do not think it appropriate to express any opin-ion at this stage since the writ petition is pending and all questions raised would be decided therein. We would only modify the interim order of the High Court to the extent that all those officers who were successful in the 30th Competitive Examination and have already been absorbed in the regular cadre prior to 13th June, 1999 they must be treated to be senior to those who had come in the cadre pursuant to 31st Competitive Examination. So, far as others are concerned, the status quo as on today be main-tained until the writ petition is disposed of finally one way or the other. It would be open for all parties to raise their re-spective contentions before the High Court where the writ peti-tion is pending. Whatever we have said in this order will not in any way bind the High Court in the final decision. The High Court is requested to dispose of the writ petition at an early date preferably within one year from today.
5. These appeals stand disposed of accordingly.
