Dimpee Rani v. Government of Bihar, Patna

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : For the Respondent/s : For the Staff Selection Commission: Mr. S.S. Sundaram, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER Mr. Arun Kumar, Advocate. Mr. Anjani Kumar, AAG-10 11 17-07-2012 This writ petition has been filed by the petitioners challenging the order dated 23.03.2011 as well as the order dated

31.03.2011. The order dated 23.03.2011 has been passed by the Government in compliance of the High Court’s order passed in C.W.J.C. No. 4219 of 2010 in the case of Nishant Gaurav and others versus State of Bihar and others connected with C.W.J.C. No. 9460 of 2010 in the case of Ram Katesh Singh versus State of Bihar and others and C.W.J.C. No. 15754 of 2009 in the case of Dimpee Rani and others versus State of Bihar and others. The petitioners in these writ petitions were selected along with petitioners of the present writ petitions pursuant to the advertisement dated 08.10.2005 issued by the Bihar Staff Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 3 Selection Commission. From perusal of advertisement dated 08.10.2005, it shows that the advertisement was issued and published for selection on the post of stenographers in the Department of Labour Employment and Training and Director, Indigenous Medicine and other Regional/District Offices. Proper Selection was held and writ petitioners of writ petitions i.e. C.W.J.C. No. 4219 of 2010, C.W.J.C. No. 9460 of 2010 and C.W.J.C. No. 15754 of 2009 including the present writ petitioners were selected and recommendation was sent to the Government. The State Government prepared list of candidates to be appointed and allowed to join in the departments/Regions/District. The petitioners’ names of present writ petition were sent to the Labour Employment and Training Department vide letter dated 25.05.2006 along with all the papers. Instead of allowing the petitioners to join, the Deputy Secretary of Labour, Employment and Training Department returned back recommendation to the Commission informing that there was no requisition sent by the Department to the Commission for recruitment, only information with regard to the vacancies was given. On this ground, the appointment/joining of these petitioners remained in abeyance. The petitioners of writ petitions i.e. C.W.J.C. No. Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 4 4219 of 2010 and C.W.J.C. No. 9460 of 2010 were allowed to join pursuant to the allotment made by the Staff Selection Commission and were given appointment and they started rendering their services in other disciplines of the Government. It is evident from the advertisement dated 08.10.2005 that it was advertisement for recruitment for selection and recommendation of stenographers in the Secretariat service of the Government only rather it was an advertisement for appointment of stenographers in Secretariat of various departments as well as regional offices and Districts. Petitioners in this present writ petition were kept in waiting for appointment by the Commission. The advertisement dated 18.05.2006 was published for the post of stenographers in the Department of Personnel and Administrative Reforms, National Saving Finance Department, Labour Employment and Training Department and Director Indigenous Medicine including some regional offices. After completing the selection by the Staff Selection Commission pursuant advertisement

18.05.2006, recommendations were sent by a separate list and the names of all these petitioners were sent to the Department of Personnel and Administrative Reforms, Patna along with the records. The Department of Personnel and Administrative Reforms issued appointment letters to the petitioners and they Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 5 joined and are rendering their services. The services of the petitioners have been confirmed. The Gazette Notification has been published. The seniority list has been prepared. The writ petitions i.e. C.W.J.C. No. 4219 of 2010 and C.W.J.C. No. 9460 of 2010 were preferred by the petitioners seeking parity that they may also be transferred to Secretariat cadre. In this regard, they made representation to the Government on the ground that they were selected and they have wrongly been allotted regional offices. They should also be given parity with these petitioners and allotted to Secretariat service. This High Court after considering the rival contentions of the petitioners and respondents, disposed of these writ petitions vide judgment and order dated 26.11.2010, directing the State Government to decide the claim of the petitioners of C.W.J.C. Nos. 4219 of 2010 & 9460 of 2010 in the light of observation make in the judgment. While deciding the issue in the representation, the Government come out with two options in para-12 of impugned order: (I) From the select list under reference, the option of other candidates invited either to all for the post of stenographer in Secretariat service and in this situation the petitioners shall remain undisturbed. (II) All the 14 petitioners may be sent to the Regional Offices of Labour Resources Department. For not accepting the first option, the reasons have Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 6 been indicated that in case of acceptance of first option, there would be shortage of stenographers in the Regional Offices which cannot be copped up immediately. After receipt of the option by the candidates, the dispute with regard to their placement in seniority list will arise. That in advertisement dated 08.10.2005, the post of stenographers in secretariat was not advertised. The advertisement was only for vacant post of stenographers in the, Labour Department and other Regional Offices of different districts. For these reasons, the second option has been opted and it has been decided to transfer the petitioners from Civil Secretariat to Regional Offices by the impugned order. The order impugned dated 23.03.2011 cannot be sustained for two reasons. Firstly, the advertisement dated

18.05.2005 was wrongly issued by the Commission as the post of the Labour Department was included without requisition, the petitioners were selected and recommendations were made to the departments which was returned back to the Commission. Secondly, the Commission recommended the name of the petitioners for the post of stenographers of Civil Secretariat in Labour Employment and Training after the second advertisement in which the post of stenographers were advertised and the name the petitioners were recommended for appointment as stenographers in Civil Secretariat and the same was accepted by Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 7 the Government and the petitioners were given appointment letters. The petitioners of the writ petitions i.e. C.W.J.C. No. 4219 of 2010 and C.W.J.C. No. 9460 of 2010 had earlier accepted for appointment and joined the Regional Offices, therefore, both services constitute two different classes and two different cadres. Both services cannot be equated as their services shall be governed by separate set of Rules and have separate avenue of promotion. The petitioners of this C.W.J.C. are governed by Bihar Secretariate Stenographers Service Rules, 2006 and the petitioners of C.W.J.C. No’s. 4219 of 2010 and 9460 of 2010 are governed by Bihar Regional (Collectorate) Stenographer Cadre Rules, 2006. Both categories of stenographers become member service in these Rules separately after enforcement of these Rules. The petitioners in these writ petitions i.e. C.W.J.C. No. 4219 of 2010 and C.W.J.C. No. 9460 of 2010 wrongly claimed parity with the petitioners of the present writ petition which ought to have been considered by the Government while complying the order passed by this Court. The State Government ought to have considered justification of the parity. Thus, the impugned order dated 23.03.2011 along with the consequential order dated 31.03.2011 is hereby quashed so far as the petitioners are concerned. Petitioners shall be held to be members of the Stenographers service of Civil Secretariat. Patna High Court CWJC No.6140 of 2011 (11) dt.17-07-2012 8 Accordingly, the writ petition is allowed. No order as to costs. (Prakash Chandra Verma, J) Bhardwaj/-