Back
2012 Supreme(Pat) 1602
IN THE HIGH COURT OF JUDICATURE AT PATNA
S.N. HUSSAIN, J.
Abhay Nath Jha S/O Shri Bishwanath Jha & Anr. - Petitioners
Versus
Bihar School Examination Board, Patna Through Its Secretary & Ors. – Respondents
Civil Writ Jurisdiction Case No.18473 of 2012
Decided on: 19-12-2012
Advocate Appeared
For the Petitioners:M/s Chitranjan Sinha, Sr. Advocate and Binodanand Mishra, Advocate
For the State : Mr. Ajay Bihari Sinha, S.C. 19
For the B.S.E.B. :M/s. Lalit Kishore, Sr. Advocate and Piyush Lall, Advocate
The main legal point established in the judgment is that the petitioners' appointments, promotions, and working history were in line with the policies and orders of the State Government and the Council, and the impugned action of the authorities of the Board was illegal.
Headnote:
Reversion - Employment Dispute - Bihar Intermediate Education Council Act, 1992, Repeal Act of 2007 - The court discussed the provisions of the Bihar Intermediate Education Council Act, 1992 and the Repeal Act of 2007. It highlighted the legal framework for the adjustment of employees of the Council in the Bihar School Examination Board and the criteria for absorption of employees. The court emphasized the petitioners' appointments, promotions, and working history, concluding that the impugned action of the authorities of the Board was illegal and directed the Board to adjust/absorb the services of the petitioners on the posts of Section Officers or on any post of the same scale in the Board.
Fact of the Case:
The petitioners sought relief against their reversion to the post of Assistant and Routine Clerk from the post of Section Officer, challenging the office order dated 12.09.2012. The Bihar Intermediate Education Council was established to bring uniformity in Intermediate Education. The petitioners were appointed on daily wages as Clerks and later as Assistants and Section Officers in the Council.
Finding of the Court:
The court found that the petitioners' appointments, promotions, and working history were in line with the policies and orders of the State Government and the Council. It concluded that the impugned action of the authorities of the Board was illegal and directed the Board to adjust/absorb the services of the petitioners on the posts of Section Officers or on any post of the same scale in the Board.
Issues: The main issues were the legality of the petitioners' reversion to the post of Assistant and Routine Clerk, the criteria for absorption of employees of the Council in the Bihar School Examination Board, and the validity of the impugned office orders dated 12.09.2012.
Ratio Decidendi: The court emphasized the petitioners' appointments, promotions, and working history, concluding that the impugned action of the authorities of the Board was illegal and directed the Board to adjust/absorb the services of the petitioners on the posts of Section Officers or on any post of the same scale in the Board.
Final Decision: The writ petition was allowed, and the impugned order, so far it relates to the petitioners, was quashed. The Board and its authorities were directed to adjust/absorb the services of the petitioners on the posts of Section Officers or on any post of the same scale in the Board and to give all such benefits to them of the said posts from the date, on which the Council was abolished and its functions were directed to be discharged by the Board by the Repealing Act of 2007.
1. This writ petition has been filed by the petitioners for the following reliefs :-
(i) For issuance of an order, direction or writ including writ in the nature of certiorari quashing the office order contained in Memo no. 854 dated 12.09.2012 so far it relates to the petitioners whereby the petitioners have been reverted to the post of Assistant and Routine Clerk, respectively from the post of Section Officer held by them for the last more than two decades.
(ii) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents not to give effect to the office order dated 12.09.2012 so far it relates to the petitioners.
(iii) For issuance of an order, direction or writ including writ in the nature of mandamus commanding the respondents to adjust/absorb the services of the petitioners on the post of Section Officer in the Bihar School Examination Board, Patna.
(iv) For issuance of an appropriate declaration holding that the reversion/demotion of the petitioners to the post of Assistants & Routine Clerk respectively is illegal, arbitrary and unsustainable in the eye of law.
(v) For issuance of an order, direction or writ including writ in the nature of mandamus directing the respondents not to disturb the petitioners and to permit them to work on the post of Section Officer to which they have been duly promoted by the Bihar Intermediate Education Council (since abolished).
(vi) For issuance of an appropriate direction holding that the petitioners are entitled to be absorbed/adjusted in the Bihar School Examination Board to the post of Section Officers.
(vii) For any other relief(s) to which the petitioners may be found entitled in the facts and jurisdiction of the case.
2. The Bihar Intermediate Education Council (hereinafter referred to as `the Council’ for the sake of brevity) was established initially vide Bihar Ordinance no. 86 of 1980 and subsequently by an Act of the Legislature, namely, the Bihar Intermediate Education Council Act, 1992 (hereinafter referred to as `the Act’ for the sake of brevity) for separating Intermediate Education from the Universities of Bihar and for bringing uniformity in the Intermediate Education.
3. However, for filling up the posts of Assistants in the Council, advertisement no. 4 of 1982 (Annexure 1) was made inviting applications in two pay scales, namely, scale of Rs.284-372/- for candidates having passed Secondary School Examination or any equivalent examination and scale of Rs.348-570/- for candidates having passed Intermediate Examination or any other equivalent examination, but the candidates having higher qualification were to be given weightage.
4. Learned counsel for the petitioners submitted that they were Intermediates and hence they applied for appointment on the posts of Assistants in the pay scale of Rs.348-570/-, whereafter respondent-Deputy Secretary sent them the format on 08.09.1982 and the petitioners filled the prescribed format giving requisite information and sent it to the Council, whereafter vide letters dated 21.01.1983 (Annexures 3 series), issued by the Deputy Secretary of the Council, the petitioners were appointed on daily wages on the aforesaid posts of Clerks. Thereafter, the petitioners joined the Council and continued working as such continuously.
5. Learned counsel for the petitioners stated that vide Ordinance no. 8 of 1985 promulgated on 20.05.1985, the Council was superseded and all the assets and liabilities of the Council vested in the State Government. Subsequently, the Council was again made functional vide Bihar Ordinance of 1989. However, in the meantime the State Government took a decision to appoint the petitioners and others on sanctioned posts of Assistants in the pay scale of Rs.284-372/- with effect from 01.06.1985 and, accordingly, office order dated 21.02.1986 (Annexure 4) was issued to that effect by the Secretary, Department of Education, Government of Bihar. In the said office order, it
