Goverdhan for the R 1 in both the appeals.
The Judgment of the Court was delivered by GUPTA J. The companytroversy in these two appeals by special leave relates to the question of seniority between the direct recruits and the promotees in the rank of Deputy Superintendent of Police in the Bihar Police Service.
On September 1, 1974 the Government published a companybined gradation list in which these promotees were placed even below the direct recruits who were appointed in 1974.
The appellants challenged this gradation list in the Patna High Court by a writ petition C.W.J.C. 2011 of 1976 .
Appeals by Special Leave from the Judgment and Order dated 29 6 1978 of the Patna High Court in C.W.J.C. Nos.
While that writ petition was pending, the Government of Bihar companystituted a high power companymittee, known as the Saran Singh Committee, to assess the promotional prospects of different State services, examine the problem of stagnation, and suggest remedial measures.
The names of the appellants figure against serial numbers 23, 24 and 25 in the list given in the numberification dated January 7, 1978.
The recommendations made by the Committee were accepted by the Government by resolution dated April 11, 1977.
One of the decisions taken by the Government upon the recommendations of the Committee, which were set out in the schedule annexed to the resolution, was as follows The seniority of promoted officers vis a vis direct recruits should be determined by taking into account the companytinuous officiating service instead of on the basis of the length of substantive service in the cadre.
On behalf of the State Government it was submitted before the High Court at the hearing of the aforesaid writ petition C.W.J.C. 2011 of 1976 that the Government proposed to re examine the gradation list in the light of the Committees recommendations.
M. Singhvi, and S. K. Verma for the Appellants.
The dates from which these officers were said to have been appointed on probation were the dates of their promotion as officiating Deputy Superintendents of Police.
On this statement the High Court directed the State Government to re examine the matter and prepare a fresh gradation list.
None of the parties appealed against this order.
Thereafter, on December 30, 1977, the State Government wrote to the Accountant General, Bihar, saying that on the basis of the Government decision that companytinuous officiating service of the promoted Deputy Superintendents of Police was to be the basis of their seniority, the Government had decided that the temporary posts created in the Home Police Department would be made permanent from the dates of their creation.
16161 also dated December 30, 1977.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
Accordingly 54 temporary posts brought into existence between 1948 and 1970 were companyverted into permanent posts by Government order No.
By numberification dated January 7, 1978 the State Government appointed on probation the officers who had been officiating in those posts with effect from the dates mentioned against their names in the numberification and the numberification issued previously promoting these officers on officiating basis was cancelled.
Dr. Y. S. Chitale, S. K. Sharma, R. K. Jain, R. A. P. Singh, R. P. Singh and B. P. Singh for the Respondent Nos.
3 10, 12, and 13 in CA 1309/78.
1309 1310 of 1978.
K. Garg, R. A. P. Singh and B. P. Singh for the RR 8 in both the appeals.
K. Jain and R. A. P. Singh for RR 4, 6, 7 9 in CA 1310/78.
204 205 of 1978.
