- (1.) In this writ application, besides other reliefs, the petitioner has prayed for quashing the order dated 17.4.1992 whereby the representation of the petitioner filed in compliance of the direction of this Court issued in CWJC No. 1640/9KR1. has been rejected by the Secretary, Department of Mines and Geology, Government of Bihar.
(2.) SINCE the petitioner has been fighting the legal battle right from 1974, the facts of the case have been discussed in various writ petitions filed by the petitioner and it has a chequered history. The petitioner was appointed as Assistant Chemist in 1967 in the chemical wing of the Department of Geology. Earlier, in the Department of Mines and Geology, Government of Bihar, there were two wings, namely. Geological wing and Chemical wing. In 1973 the petitioner was informed about some adverse entries made in his character roll in the years, 1970 -72. However, in 1974 he was informed that the said adverse entry had been expunged. In 1974 it was decided by the Government that the post of Chemist would be tilled up by promotion of Assistant Chemists/Laboratory assistants. In view of the said decision the petitioner made representation in which he prayed that he being the senior most Assistant in the Chemical wing be promoted to the post of Chemist. When the petitioner did not get any promotion, he filed CWJC No. 1548/74 at Patna. By order dated 27.9.1974 the petitioner was permitted to withdraw the said writ application with observation that the Government would take a policy decision in the matter of promotion. Subsequently by a decision of the Government the designation of Lab Assistant and Assistant Chemist were changed as Geological Analyst. On 12.5.1975 the first draft provisional seniority list of all persons was published. The petitioner filed a fresh representation. By order dated 2.3.1978 the petitioner was informed that it was not possible to promote him to the post of Chemist -cum -Analyst. On 5.4.1979 the petitioner filed representation against the order refusing to promote him to the aforesaid post. The petitioner then filed CWJC No. 3223/79 and in that case it was submitted on behalf of the respondents that the post of Chemist had been wrongly created and the matter of filling up the said posts was under consideration before the Departmental Promotion Committee and the post will be filled up considering the recommendations of the Committee. The writ application was again permitted to be withdrawn with the observation of the Court that the recommendation of DPC would be made at an early date and preferably within four months keeping in view all relevant considerations. When the petitioner did not hear anything, he filed another representation on 30.1.1980 before the DPC. On 2.5.1980 a separate joint seniority list was published wherein the petitioner was shown below than that of shown in the first provisional seniority list.
(3.) THE petitioner, therefore, filed objection but no order was passed on the said representation and the provisional seniority list was made final by publishing the same on 13.1.1980. The petitioner then filed CWJC No. 793/80 challenging the various orders of the respondents by which adverse entry was made in his confidential character roll, the order by which the designation of Lab -Assistant/Assistant Chemist in the Chemical wing of the Deptt. of Geology was changed as Geological Analyst and also the order by which the petitioner was informed that it was not possible to promote him to the post of Chemist -cum - Analyst. The writ application was heard and allowed by the Court in terms of judgment dated 6.2.1986. By the said judgment this Court quashed the final seniority list and directed the respondents to call for objections from the petitioner and the persons at serial Nos. 2 to 6 and. Thereafter, finalise the seniority list of the petitioner vis -a -vis those persons. It was further observed that if any person whose name appears at serial Nos. 2 to 6 have been promoted ignoring the case of the petitioner, then they shall be placed at the place where they were promoted. It was further directed that the case of the petitioner and the persons who were eligible i.e. who were working atleast for five years as Assistant Chemist or Lab -Assistant and had requisite qualification, shall be considered for filling up the superior posts to which they were entitled to be promoted.;