S.N. Pathak, J. - (1.) On 17.8.2017, after hearing the Counsel for the parties at length, the order was reserved. During the pendency of C.A.V., Interlocutory Applications were filed on 1.11.2017 for amendment in the prayer portion of the main writ applications challenging the order of rejection issued vide Memo No. 593 dated 22.8.2016. The pleadings were already completed, but on the request of learned Counsel for petitioners to avoid the multiplicity of the litigation and in the interest of justice, the case was released and accordingly, listed on 21.11.2017 under the heading "For Orders" by the order of the Court. After hearing both the parties I.A. No. 8437/17 in W.P.(S) No. 4258/2016 and I.A. No. 8433/2017 in W.P.(S) No. 906/2017 were allowed and direction was given to make suitable amendment in the prayer portion of the writ application. Accordingly, prayer was amended and the cases are again listed on 21.11.2017 and as the matter was already heard at length and in view of the fact that no further argument is made by the Counsels for the parties, order was reserved. The petitioners have approached this Hon'ble Court with a prayer for direction upon the respondents for giving effect to merger of the cadre of Jharkhand Subordinate Education Service with the Jharkhand Education Service Class-2 and grant of all consequential benefits in terms of the policy decision taken by the Unified State of Bihar vide its notification dated 11.4.1977 and also in compliance of the various orders passed by the Hon'ble Supreme Court. Further prayer has been made for fixation of seniority of the petitioner and payment of all consequential benefits. Further, petitioners have, inter alia, prayed for quashing of the rejection order issued vide Memo No. 593 dated 22.8.2016. It is stated that the Education Services within the Unified State of Bihar comprised of various classes which are as follows: i. Bihar Education Services Class-I (BES Class-I) ii. Bihar Education Services Class-II (BES Class-II) iii. Bihar Subordinate Services (BSEB). BES Class-II posts were to be filled up by way of promotion from BSEB. The total number of posts under BES Class-II were very low and out of the total BSEB posts only 2% of the entire teaching staff could be promoted to the BES Class-II post. The total strength of BSEB cadre was 2465 whereas that of BES Class-II was 62 only. The cadre of BES Class-II consisted only of teachers whereas the BSEB consisted of teaching and non-teaching staff and promotion to BES Class-II was made only from teachers of the BSEB cadre. There was an issue with regard to stagnation of the cadre of BSEB to which there was agitation by the BSEB cadre people and as such in order to resolve the problem of stagnation a committee namely "Sharan Singh Committee" was constituted in the year 1976. Sharan Singh Committee recommended that the post of teacher should be merged and a general cadre should be created. The recommendation of the said Committee was accepted by the Unified State of Bihar and a resolution dated 11.4.1977 contained in Notification No. 3251/F was published in the Official Gazette on 27.4.1977 whereby and whereunder it was provided that the Government has approved the merger of "different posts of teachers" with the BES and as such the merger of the two cadre of BES Class-II and BSEB (Teaching Cadre) was approved. The merger was given effect from 1.1.1977.
(2.) It is further stated that though a decision was taken for merger of the two cadre but no final notification regarding merger of the two cadre was issued by the State of Bihar even after repeated requests and as such a writ application was filed in the year 1998 by the Bihar State Government Secondary School Teachers Association and Ors. with a prayer to implement the aforesaid resolution of merger. The said writ petition was numbered as CWJC No. 12122/1998 and was disposed of vide order dated 2.2.2000 with a direction to implement the resolution dated 11.4.1977 and issue final notification of merger. Aggrieved by the order passed in the said writ petition an appeal was preferred by the Unified State of Bihar which was also dismissed vide order dated 27.11.2000. Thereafter an SLP was also preferred by the State of Bihar which was rejected vide order dated 16.4.2001 with an observation that the resolution of merger should be given effect to. Though the aforesaid orders were passed but no consequential relief was granted to the cadre of BSEB (Teaching) and even after the orders of the Hon'ble Courts, the final notification of merger of the two cadres were not issued and consequential benefits were also not granted. In the meanwhile a writ application was also filed by one of the teachers in the 2002 which was also allowed and it was directed that the resolution of the State of Bihar may be implemented and also the orders of the Hon'ble Patna High Court as well as that of the Hon'ble Supreme Court must be implemented. Even contempt notices were issued to the authorities of State of Bihar for non-compliance of earlier orders of the Hon'ble Patna High Court as well as that of Hon'ble Supreme Court. Against that order an L.P.A. was filed which was also dismissed vide order dated 10.3.2003. Against the same again, an S.L.P. was preferred by the State of Bihar before the Hon'ble Supreme Court which was also dismissed vide order dated 19.4.2006 observing therein that in spite of various litigations the resolution of the year 1977 has not been implemented, it was also mentioned therein that the Bench hearing the contempt would examine whether the resolution has been implemented or not and if not then appropriate orders shaft be passed against the contemnor. Finally, a notification was issued merging the two cadres on 7.7.2006. After that, individual notifications were also issued and it was also observed therein that though names of teachers who have been allocated Jharkhand Cadre are included in the notification but final decision in regard to the same would be taken by the State of Jharkhand and a communication thereto was also made to the State of Jharkhand. The petitioner ought to be paid the revised pay scale after merger w.e.f. 1.1.1997. The pay scale of the petitioner as on 9.1.2006 would be Rs. 6,500-200-10,500/-.
(3.) Mr. Rajiv Ranjan, learned Sr. Counsel assisted by Mr. Shrestha Gautam and Mr. Shrey Mishra strenuously urges that the issue regarding merger is now no more res integra as in several writ petitions and in several round of litigation, the same has been decided in favour of the petitioners. However, on a writ filed by the Bihar Education Service Association challenging the aforesaid merger which was allowed and notification of merger dated 7.7.2006 was quashed. The State challenged the order of writ court by way of appeal in Division Bench and also in S.L.P. before the Hon'ble Apex Court. As the issue has already attained finality and specific direction was given, the Hon'ble Apex Court showed its displeasure on the ground of changing stand by the respondent-State of Bihar from time to time. The Apex Court further observed that the State Government did not approach the Hon'ble Apex Court for clarification and on the other hand a contrary plea was taken in a collateral proceeding which was not expected from the State Government and least from the Hon'ble High Court.;