JAMUNA JHA AND FOUR OTHERS Vs. THE STATE OF BIHAR AND SEVEN OTHERS

JUDGEMENT

(1.) These are two writ petitions under Articles 226 and 227 of the Constitution. Prayer has been made for quashing Annexures -4 and 8 in C.W.J.C. No. 3021 of 1981 and Annexure -5 in C.W.J.C. No. 244 of 1982. The real prayer, however is for quashing the promotion of respondents' 6, 7 and 8 in the former petition and respondents 5 to 12 in C.W.J.C. No. 244 of 1982. Respondents 5, 6 and 7 in the said application have been impleaded as respondents in C.W.J.C. No. 3021 of 1981 as well. The brief is bulky but the real point in issue is rather simple. But in order to dispose of the two writ applications, the recital will bring out that the petitioners have no case to agitate.

(2.) The Registration Department in this State of Bihar forms part of Revenue Department. In the beginning the Registration Department consisted of officers of various grades. They were Sub -Registrars, District Sub -Registrars, Inspector of Registration, Selection grade Sub -Registrars etc. These posts were bngei filled up in order of seniority dove -tailed by the Rules of Reservation for Scheduled Castes and Scheduled Tribes. Scheduled castes were to be appointed/promoted in the ratio of 14% and Scheduled tribes in the ratio of 10% of the strength of the cadre. The working out of the promotion consisting with reservation brought out several anomalies which led to filing of several writ applications. One of them was C.W.J.C. No. 1464 of 1977. In that application a counter affidavit was filed on behalf of the State on 22.8.1979. It was stated in that counter -affidavit that the facts stated in that alone, were the correct facts and represented the true picture of state of affairs in the Registration Department. The then learned Government Pleader Mr. Tarkeshwar Dayal stated that the counter -affidavit filed in that writ application on 9.3.1978 may be ignored. In the counter -affidavit filed in that case, it was stated that Annexures -1, 2 and 3 of that writ application which were circular dated 14.2.1976 (Personnel Department), No. 46 dated 11.3.1972 (Appointment Department) and Government, Resolution No. 382/111/71 -9277 dated 29.5.1971 ceased to have any effect, as the entire cadre of Inspectors, Sub -Registrars, District Sub -Registrars and Selection Grade District Sub -Registrars had been merged to form one uniform cadre. This was effected by Finance Department Resolution No. 4013 dated 28.4.1977. There were 148 posts in the cadre, 25 posts of which were selection grade posts with higher scale of pay. Promotion to the selection grade would be done in accordance with the rule of seniority consistent with merit and reservation. The only post above these 148 posts was that of Deputy Inspector General of Registration. That post could be filled up in accordance with a roster. A roster was prescribed for promotion to selection grade as well.

(3.) In terms of the Government Resolution, mentioned above, as referred to in the counter -affidavit of the State filed on 22.8.1979, the question of reservation would arise only in the matter of initial appointment and in the matter of promotion to selection grade posts. No objection could be raised to the principle of reservation. Thus the question of injustice wrought by the principle of reservation did not arise. In view of the above statements by the then learned Government Pleader and Mr. Sorejendu Mukherjee, counsel for the petitioners respondents, learned counsel for the petitioners stated that the petitioners would have no grievance with these state of affairs. It would be useful here to quote part of paragraph 3 and paragraph 4 of that judgment which read as follows :