SRI BINARY PRASAD Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) These two writ applications are filed for quashing the same order/notification dated the 20th of March, 1972, by which the Respondent Sri Chandranan Thakur is promoted to the post of Professor of Humanity under the State of Bihar through the Secretary to the Government, Department of Industries and Technical Education (Respondent No- 11 and as such they have been heard together. It may be stated here that the impugned order/notification has been made Annexure '1'in C.W.J.C. No. 752/72, whereas the same has been made Annexure '13' in C.W.J.C. 539/72.

(2.) The petitioner of C.W.J.C No. 752 of 1972 was appointed temporarily as Assistant Professor of English at the Bihar Institute of Technology (in short/B.I.T.) at Sindri by respondent No. 1 by a notification dated the 1st Oct., 1958. At that time the post was a temporary one. A copy of the aforesaid notification dated the 1st Oct., 1958 has been made Annexure 2' to the writ application. This temporary post was sanctioned on permanent basis by the State of Bihar (Respondent No. 1) with effect from the 10th Oct., 1961. The order sanctioning the post as permanent post is made Annexure '3' to the writ application. By a notification dated the 20th Feb., 1955, the petitioner was then appointed on probation to the aforesaid permanent post with effect from the 10th. Oct., 1961 and by the same notification he was confirmed on the expiry of the probationary period of one year, namely, from the 10th Oct., 1962 A copy of the notification is marked Annexure '4'. The petitioner has averred that the post of Assistant Professor of Philosophy in the Faculty of Humanities was created on permanent basis by the Government order dated the 12th March, 1958. Sri Chandranan Thakur (Respondent No. 2) was appointed initially on probation for one year in that post by notification dated the 29th of Jan., 1960 (Annexure '5') aid he was confirmed in the said post with effect from the 15th Feb., 1961 by a notification dated the 12th April, 1961.

(3.) The State (Respondent No. 1) decided to integrate various categories of posts in the Engineering Colleges and Engineering Schools in the State of Bihar by Government order dated the 11th July, 1960 (Annexure '6'). Under clause (E) of the said Government order the post of Assistant Professors at Engineering Colleges under the administrative control of the Industries Department was treated to be borne in one single cadre with the provision that the post of allied faculties, like (i) Electrical Engineering and Telecommunication Engineering; (ii) Mechanical Engineering and Production Engineering; and (iii) Non-Engineering subjects, as for example Science, Mathematics, Humanities, etc. should be lumped together for the purpose of the cadre. It further provided that separate in trust on should follow for the minimum qualification for determining the eligibility of departmental staff for promotion to the posts of Associate Professors and Professors. It also stated the principles to be followed in appointing the Principal, Professor and Associate Professors. The petitioner has averred that though Annexure '6' stipulated the integration of posts of Non-Engineering subjects, but in fact the science subjects were integrated department wise whereas the posts of English, Philosophy, Economics and Civics were integrated in one group and cadre under the nomenclature of Faculty of Humanities. By notification dated the 4th March, 1970 (Annexure '7') the petitioner and Respondent no. 2 Shri Chandranan Thakur were promoted to the post of Associate Professor of Humanities and were posted at B.I.T. at Sindri, in which the petitioner was shown in serial no. 1 and Respondent no. 2 in serial no. 2 and the writ petitioner of the other case, namely, C.W.J.C. No. 539 of 1972 in serial no. 3. The petitioner apprehending that his seniority might be disturbed as a result of integration of service of staff of different departments into a common pool under the Faculty of Humanity, made a representation before the State (Respondent no. 1) on the 24th Sept., 1965 to the effect that the integration of service of Professor appointed in different subjects should not be integrated into one cadre and no common gradation list should be prepared. Another representation was filed on the 12th April, 1967. Copies of those representations have been made Annexure '8' and '9' to the writ application. It appears from the writ application that a third representation was filed in August. 1969 (Annexure '10'). The petitioner has further averred that Respondent no. 2 also represented to Respondent no. 1 for reckoning his seniority above the petitioner in the integrated Faculty of Humanity basing his claim solely upon confirmation which was earlier than that of the petitioner. The petitioner also presented his case through another representation dated the 11th of July, 1968 (Annexure- '11') repeated by another representation dated 4th July, 1970 (Annexure-'12'). It appears that thereafter the Government order/notification dated the 16th Nov., 1970 (Annexure '13') was issued. The said annexure stated that alter careful examination of the representation of Respondent no. 2 and the petitioner, the State Government decided that Respondent no. 2 who was appointed on a permanent basis much earlier than the petitioner, would rank senior to the petitioner as an Associate Professor of Humanities. It also stated that the representation of the petitioner was rejected by the Government. It further shows that this Government order was communicated to the petitioner under Memo No. 4948 dated the 25th Nov., 1970. The petitioner has further averred that inspite of the aforesaid Government order declaring Respondent no. 2 senior to the petitioner, the tentative gradation list showed in serial no. 1 the name of the petitioner and serial no. 2 the name of Respondent no. 2 which gave an impression to the petitioner that Respondent no. 1 was reviewing Us earlier decision. But in the meantime the petitioner has stated that to his surprise, a notification dated the 20th March, 1972 (Annexure '1') was issued by which Respondent no. 2 was promoted to the post of Professor of Humanities in the Faculty of Humanities. It is the annexure which has been challenged in this writ application.