SHRI SHAMBHU SHARAN PANDE AND OTHERS Vs. THE STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) This writ application is filed for quashing the Government order contained in the notification dated the 31st March, 1975 (Annexure 18) determining the seniority of Sudarasan Pd Singh (respondent No. 2) with effect from 1964 and placing him above the petitioners hut below the five candidates appointed at the 12th Combined Competitive Examination for recruits to the Bihar Police Service held in 1962-63. The petitioners have also challenged the Government order dated the 73rd Feb., 1970 (Annexure 15) appointing respondent No. 2 as Deputy Superintendent of Police on probation with effect from 22-4-1968, to a post in the general quota and the Government Order/Notification dated the 6th June, 1974 (Annexure 16) confirming respondent No 2 as D S P. with effect from 22-4-1971 along with several other candidates.

(2.) I may state here, though the petitioners have challenged the aforesaid three annexures, but at the time of argument Mr. Basudeva Prasad, learned counsel appearing on behalf of the petitioners contended that the petitioners are not interested with the appointment of respondent no. 2 by the State Government (respondent no 1) if their seniority and future prospects by such appointment are not disturbed. He further contended that if the Government order/notification contained in Annexure '18' is held to be illegal and occur two Government orders contained in Annexures '15 and 16' do not affect the seniority and future promotion of the petitioners, they would not make any grievance of the appointment of respondent no. 2 even if the said appointment has been made illegally by the State Government.

(3.) In order to appreciate the point raised in this writ application it is necessary to State certain facts ; Respondent no. 2, Sudarsau Pd Singh was one of the candidates who appeared at the written test of the 12th Combined Competitive Examination for recruits to the Bihar Police Service held in the year 1962-63 and after becoming successful in the written test he was qualified for viva-voce test; but before he could appear at the said viva-voce test he joined as Commissioned Officer in the Indian Army under the emergency recruits scheme He sought for permission after joining the aforesaid post in the military for appearing at the viva-voce test but the said permission was refused. He served there till 1st July, 1967, on which date he made a representation to the State Government (respondent no. 1) for appointing him as Deputy Superintendent of Police It is said that on receiving the said representation the State Government sought for an opinion of the Bihar Public Service Commission, but it appears from the letter dated the 17th July, 1967 (Annexure 'T) written on behalf of the Bihar Public Service Commission that the Service Commission could accede to the prayer of respondent no. 2.