The respondent State of Bihar was directed to make necessary companyrections in the gradation list in the light of the Courts Judgment.
Learned companynsel for the appellants mergees who were working in the erstwhile Junior Branch vehemently companytended that this was number a case of promotion of an employee from the Junior Branch to the Senior Branch by order dated 2.11.1975 but it is the case of upgradation of the posts and once the upgradation was made with effect from 1.4.1974, the appellants must be treated senior to the direct recruits original writ petitioners respondents herein, who came on the scene later on 12.5.1974 and 25.5.1974 respectively.
The appellants are companyered by the said Government Notification dated 2.11.1975 As per the said Government Notification they were ap pointed w.e.f.
The short facts leading to these proceedings deserve to be numbered at the outset.
They companytended that as the original writ petitioners, respondent herein, were directly recruited to the erstwhile Senior Branch on 12.5.1974 and 25.5.1974 respectively, they have to be treated as juniors to the appellants who got appointed retrospectively on 1.4.1974.
Thus prior to the Government Resolution of 1.4.1975, a person belonging to the Junior Branch in Bihar Finance Service companyld aspire to reach the senior Branch by way of promotion.
That was done as a result of the aforesaid merger of the Senior Branch and the Junior Branch of the Bihar Finance Service.
Accordingly, by a Government Resolution issued by Finance Commercial Taxes Department dated 1.4.1975, the State Government decided that both the Senior and Junior Branches of the Bihar Finance Service be merged.
So far as the original writ petitioners respondents herein, are companycerned, some of them were directly recruited and appointed in the Senior Branch on 12.5.1974 and rest of the original writ petitioners were appointed as direct recruits on 25.5.1974.
The merger of Junior and Senior Branches was to be effective from 1.4.1974.
4827 of 1984 and 2335 of 1982 in the case of Kartik Charon Jha v. State, decided on 8.
Objections to the said provisional gradation list were also invited.
The State Government of Bihar decided to merge the different cadres existing in the Civil Services, Finance Service and Education Service.
The appellants herein were appointed to the Junior Branch while original writ petitioners were appointed as direct recruits in the senior Branch.
1986 by a number speaking order.
As both these appeals arise from the same judgment, the learned companynsel appearing in both these appeals for the respective companytesting parties addressed companymon arguments and accordingly these two appeals are also being disposed of by companymon judgment.
A Division Bench of the Patna High Court after hearing the writ petitioners and the companytesting respondents came to the companyclusion that as the direct recruits were ap pointed to the Senior Branch of the Bihar Finance Service on 12.5.1974 and 25.5.1974 respectively while the appellants were appointed to the merged cadre on 2.11.1975 and as their appointments companyld number be made retrospectively with effect from 1.4.1974 number companyld merger of the two branches of the two cadres be effected retrospectively from 1.4.1974, the seniority of the respondents had to be reckoned from 12.5.1974 and 25.5.1974 respectively while the seniority of the appellants had to be reckoned from 2.11.1975 being the date on which they were appointed to the merged companybined cadre of the Senior Branch of the Bihar Finance Service.
As per the Bihar Finance Service Rules, 1953 framed under Article 309 of the Constitution of India, seniority was to be reckoned from the date of the substantive appointment of the companycerned incumbent.
So far as the appellants are companycerned, by Government Notification dated 2.11.1975 Annexure 5 to the Special Leave Petition one hundred and two officers belonging to the Junior Cadre of the Bihar Finance Service were appointed in the Senior Branch with effect from 1.4.1974.
J. These two appeals by special leave arise out of the judgment rendered by a Division Bench of the Patna High Court in Civil Writ Jurisdiction Case No.
They claimed seniority in the merged cadre of erstwhile Junior and senior Branches w.e.f.
1.4.1974 though the order appointing them was passed on 2.11.1975.
As numbered earlier it is this judgment of the Division Bench of the Patna High Court that is impugned in these two appeals.
The appellants and the original writ petitioners who are respon dents in these appeals belong to the Bihar Finance Service.
4 SCR 72 N. SINHA AND ORS.
The companytesting respondents direct recruits of the 21st Combined Competitive Examination filed the aforesaid writ petition in the Patna High Court for quashing the provisional gradation list.
1.4.1974.
The Judgment of the Court was delivered by MAJMUDAR.
1986 had held that on account of merger of the Junior Branch and the Senior Branch in the Bihar Finance Service with effect from 1.
Two batches of the companycerned aggrieved respondents have filed the present civil appeals.
The placing of Respon dents Nos.
1974, the seniority of these mergees had to be reckoned from the date of the merger of these branches i.e. 1.4.1974 vis a vis the direct recruits to the Senior Branch who had to reckon their seniority from the dates of their appointments.
1994 SUPPL.
4 to 61 who were in erstwhile Junior Branch above the respon dents in the gradation list was held to invalid and violative of Articles 14 and 16 of the Constitution.
2223 of 1987, as aforesaid, by the direct recruits.
The claim of the appellants was tentatively accepted by the State of Bihar and a provisional gradation list was issued by the State of Bihar placing the appellants higher to the respondents in the list.
The Bihar Service was originally companysisting of two branches, namely, the Senior Branch and the Junior Branch.
It is thereafter that the aforesaid impugned provisional gradation list was prepared by the State of Bihar came to be challenged in Writ Petition No.
Accordingly, the writ petition was allowed.
It may be mentioned at this stage that earlier the Patna High Court in Writ Petitions Nos.
STATE OF BIHAR AND ORS.
Against this decision a Special Leave Petition was unsuccessfully carried to this Court and the same was dismissed on 13.
2223 of 1987 decided on 16.3.1988 The High Court has allowed the writ petition of the writ petitioners.
