SATYENDRA NARAIN SINHA Vs. THE STATE OF BIHAR & OTHERS

JUDGEMENT

(1.) By order dated 2.1.1979 of the Chairman, Bihar State Agro Industries Development Corporation Ltd., as contained in Annexure -9 to the writ application, the order dated 18.12.1973 of the Managing Director of the said Corporation has been modified and accordingly on a redetermination of the inter -se seniority of the petitioner and the respondent no. 7 in the cadre of senior Storekeepers, the latter has been ordered to rank senior to the petitioner. The petitioner's representation for a review of the order dated 2.1.1979 has been rejected by the order of the Chairman as communicated by the Secretary of the Corporation on 1.12.1980, which is Annexure -15 to the writ application. By a notification dated 24.9.1979 issued under the signature of the Chief Administrative Officer, the respondent no. 7 has been promoted on temporary basis as Assistant Store Officer in anticipation of the approval of the Board of Directors, which notification is Annexure 16 to the petition for amendment of the writ application. The petitioner has moved this Court under Articles 226 and 227 of the Constitution of India for quashing the orders as contained in Annexures 9, 15 and 16 to the writ application and also prayed for the consequential reliefs. The Bihar State Agro Industries Development Corporation Ltd. (hereinafter referred to as "the Corporation"), although registered as a Company, is a Government undertaking. A post of Store -keeper in the Corporation was advertised in the year 1967. It appears (a copy of the advertisement for the said post was produced before this Court in the course of hearing) that the minimum qualification for the said post was Intermediate with Mathematics, Science or Commerce and experience of three years in stores. This was a post in the scale of pay of Rs. 160.280/ -. No appointment followed the said advertisement. Respondent no. 7 who was/is simply a matriculate and thus not qualified for the post was appointed as Storekeeper in the scale of pay of Rs. 105 -155/ - with effect from 1.2.1968 and his pay was fixed at Rs. 117/ - per month. In the appointment letter, issued by the Managing Director it was said, "the post, is temporary and is terminable on 15 days notice" (Annexure G -7). Previous to this appointment the respondent no. 7 was a clerk -cum -typist and Worked in the Model Carpentory workshop at Poosa Road, Darbhanga, from 6.1.1965 to 31.1.1968. He represented that he should be given the scale of Rs. 160 -280/ - as advertised by the Corporation and circulated by the Industries Department of the State Government -vide their letter no. 9461 dated 10.5.1967. By an office order dated 6.4.1968 issued under the authority of the Managing Director of the Corporation, respondent no. 7, however, was given the scale of pay of Rs. 150 5 -180 -EB 5 -200 (Annexure I -7). By yet another office order issued on 10.6.1971 by the Managing Director of the Corporation, respondent no. 7 was given the scale of pay of Rs. 160 -280 with effect from 15.6.1971 with a direction for fixation of his pay in the replacement scale as per rules of the State Government (Annexure J -7). His pay accordingly was fixed at Rs. 167/ - in the scale of pay of Rs. 160 -280 with affect from 15.6.1971 vide office order dated 18.6.1971 (Annexure K -7).

(2.) The Corporation had/has a post of Assistant Foreman in the scale of pay of Rs. 160 -280. The petitioner was appointed as Assistant Foreman with effect from 1.12.1969 in the scale of pay of Rs. 160 -280 on a purely temporary basis for a period of six months -vide the office order of the Managing Director of the Corporation dated 17.1.1970 (Annexure -1). His services, however, as the Assistant Foreman were continued until an office order dated 20.6.1971 (Annexure -2) of the Managing Director of the Corporation was issued and he was redesignated as Storekeeper in the same scale of pay of Rs. 160 -280 with effect from 1.12.1969. This, according to the petitioner, was done for the reason that although the petitioner was appointed as Assistant Foreman the Corporation took the work of Store -keeper from him.

(3.) The Board of Management of the Corporation at its meeting dated 8.5.70 sanctioned the post of Assistant Store Officer in the scale of pay of Rs. 290 -650, besides two posts of Storekeeper in the scale of pay of Rs. 160 -250 and one post of Store Clerk in the scale of pay of Rs. 105 -155 (Annexure E -7). The post of the Store Clerk was/is in the scale of pay of Rs. 105 -155, the scale in which the respondent no. 7 had been initially appointed.