The said decision of the learned Single Judge was upheld by the Division Bench.
Thereafter the State issued the Bihar Industries Service Cadre Rules, 1987.
2000 Supp 1 SCR 185 The Judgment of the Court was delivered by JAGANNADHA RAO, J. Leave granted in both the special leave petitions.
The learned Single Judge of the High Court of Patna Held that the Rule companytained in Annexure I and in particular in Schedule IV of me Bihar Industries Service Rules, 1987 is Ultra vires inasmuch as under that rule, the above said number gazetted category of officers i.e. field employees and statistical employees of Senior scales were included alongwith the gazetted categories, for promotion to the posts of Manager Assistant Director etc, in the then scale of Rs.l000 1820.
Both groups belong to the Non gazetted Service in Bihar and the dispute is between these two groups on the one hand and Sri Kapildeo Prasad Singh and others who belong to the Gazetted Service on the other.
Aggrieved by me companysequent exclusion from the channel of promotion, these two sets of number gazetted employees have filed these appeals.
The appellants in the Civil Appeal arising out of SLP No.21041 of 1998 are members of the Bihar State Subordinate Industries Filed Officers Association hereinafter called the Field Employees while the appellants in the Civil Appeal arising out of SLP 1133/99 are members of the Industrial Department Statistical Employees Association hereinafter called the Statistics Employees .
The Statistics Employees in Grade 880 1510 were number heard.
They therefore filed LPA No.
82 of 1991.
It was clarified by a separate judgment dated 20.5.1993 in LPA 82 of 1991 by a Division Bench that the judgment of the learned Single Judge would number affect the statistics employees in grade 880 1510 who belonged to the Economic Investigating group.
But unfortunately, this order was number numbericed by the Division Bench which disposed of LPA 73/91 filed by the Field Employees against the judgment of the learned Single judge.
These two appeals arise out of the judgment in LPA 73/91 dated 9.9.1998 rendered by the Patna High Court.
