BIHAR STATE GOVERNMENT SECONDARY Vs. BIHAR EDUCATION SERVICE
LAWS(SC)-2012-11-33
SUPREME COURT OF INDIA
Decided on November 23,2012

Bihar State Government Secondary Appellant
VERSUS
Bihar Education Service Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These two Civil Appeals by Special Leave raise the question with respect to the approach the High Courts and the State Governments are expected to adopt towards the orders passed, and the interpretations of Govt. resolutions rendered by this Court. The question arises in the context of litigation concerning the promotional avenues for the teachers in Bihar Government Service. The relevant facts:-
(3.) The facts leading to the two Civil Appeals herein are as follows:- The State of Bihar, which is respondent No.66 in these two appeals, set up a three member committee, in March 1976, with Shri Saran Singh, Member Board of Revenue, and Administrative Reforms Commissioner, as its Chairman. The terms of reference of this Committee were as follows:- "To hasten the avenues for promotion in the Bihar Civil Services, the government has approved junior selection grade 20%, senior selection grade 12.50% and posts of senior Deputy Collector 2.5%. The same percentage has been applied for junior selection grade and senior selection grade in the Bihar Engineering Service. On this basis, requests have been coming from various state services associations that due to lack of opportunity for promotion in their cadres, there is stagnation, which must be removed. 1.2 Hence, keeping in view the strength and present promotional avenues in various State service cadres, to analyse the problem of stagnation and to recommend means to tackle this problem and promotional opportunities, a committee of the following officers is constituted:- 1) Member, Board of Revenue-Chairman 2) Chairman, Public Grievances Bureau- Member 3) Finance Commissioner- Member";


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