D.N. Patel, J. - (1.) LEARNED Counsel for the petitioner submitted that the petitioner was initially appointed as Sub -Deputy Collector in 1976 at Daltonganj, Palamau, thereafter, the petitioner appeared in 24 Batch Examination, conducted by the Bihar Public Service Commission, for the post of Deputy Collector. The petitioner was also selected for the post of Deputy Collector, but, meanwhile the two different cadres namely the cadre of Sub -Deputy Collector and the cadre of Deputy Collector were merged and a new cadre was created as Deputy Collector and, therefore, the petitioner had never obtained to be appointed as a fresh Deputy Collector as he has cleared examination, conducted by the Bihar Public Service Commission as there is merger of the two posts, the petitioner will loose the seniority lb the post of Deputy Collector. Two cadres have been kept separate, distinct and different. The petitioner would have obtained to be appointed as Deputy Collector under the 24rd Batch Examination, conducted by the Bihar Public Service Commission, otherwise the petitioner is losing the seniority for the several years. The respondents are still considering the case of the petitioner for the post of Deputy Collector and the seniority, therein, as per 23rd Batch Examination, conducted by the Bihar Public Service Commission These facts have been stated in Paragraph 13 of the counter affidavit, filed by the respondents and, therefore, let a direction may be given to the respondents to consider the case of he petitioner by treating this writ petition with all annexures as a representation for the claim of the petitioner that the petitioner is claiming the seniority for the post of Deputy Collector on the basis of 23rd Batch Examination, conducted by the Bihar Public Service Commission and not as per 24 Batch Examination, conducted by the Bihar Public Service Commission because of merger of the two different cadres, namely, Sub Deputy Collector and Deputy Collector.
(2.) I have heard learned Counsel for the respondents, who has submitted that now a detailed counter affidavit has been filed and as per Paragraph 13, whatever is decided by the respondents is a tentative decision and the seniority list dated 20 February, 2008 is in its draft stage and the same has not yet been finalised and, therefore, final decision will be taken by considering nil the arguments, canvassed by the petitioner in this writ petition. In view of the submissions made by learned Counsels for both the sides and looking to the tact that the petitioner was initially selected as Sub -Deputy Collector through 23rd Batch Examination, conducted by the Bihar Public Service Commission and being a meritorious person and again he appeared in the 24 Batch Examination, conducted by the Bihar Public Service Commission for the post of Deputy Collector, wherein also, he has remained successful, but, there is no question for the petitioner to be appointed as Deputy Collector in pursuance of the result of the 24 Batch Examination because there is already merger of the two different cadres, namely Sub -Deputy Collector and Deputy Collector and both these posts are merged and given a new name i.e. Deputy Collector, thus, the petitioner will loose his seniority, which he has otherwise gained by the virtue of 23rd hatch Examination and the petitioner is now not opting for appointment as Deputy Collector because of the result of 24 Batch Examination and also locking to Paragraph 13 of the counter affidavit, it appears that the seniority list for the post of Deputy Collector, prepared on 20 February 2008, is in its draft stage and, therefore, I hereby direct respondent Nos. 1 and 2 to treat this writ petition along with all annexures as a representation of the petitioner for considering his claim of seniority for the post of Deputy Collector on the basis of 23rd Batch Examination, conducted by the Bihar Public Service Commission because of the feet that there are merger of the two aforesaid cadres and no serviceman would like to loose his seniority which is otherwise already gained by him Selection in 24 Batch Examination should not be used as a lever to punish the petitioner Loss of seniority is a sort of punishment. This aspect will be considered by respondent Nos. 1 and 2 while deciding the presentation before finalizing the seniority for the post of Deputy Collector. This exercise will be completed as expeditiously as possible and practicable, preferably within a period of sixteen weeks from the date of receipt of a copy of the order of this Court. Seniority list for the post of Deputy Collector, if not finalized so far, will be finalized after the representation of the petitioner is decided by respondent Nos. 1 and 2 and if the seniority list for the post of Deputy Collector is already finalized, it will be subject to the outcome of the representation, which will be decided by the respondents. If the representation is decided in favour of the present petitioner, proper and suitable seniority will be given to the petitioner in the seniority list of the Deputy Collector and all the consequential benefits will be given to the petitioner, for which, he is legally entitled as the petitioner has already retired with el feet from July, 2008.
(3.) THE petition is, hereby, disposed of, in view of the aforesaid observations end directions.;