Ajay Kumar Tripathi, J.

1. Heard learned counsel for the parties extensively.

2. The writ application was filed by the petitioner to treat him to be in the cadre of State Drug Inspectors w.e.f. 29.03.1993 and give him appropriate seniority based on the said date.

3. The other prayer of the petitioner is to modify the notification no. 1242 (15), dated 18.11.2013, issued under the signature of Under Secretary, Department of Health, Government of Bihar, Patna, by virtue of which, the date of appointment of the petitioner has been indicated as 20th of May, 1994 instead of 29.03.1993. The relevant notification is Annexure-1 to the writ application.

4. During the pendency of the writ application, I.A. No. 6290 of 2016 has been filed for staying the operation of the Notification No. 863 (15), dated 04.08.2016, by virtue of which the petitioner has been transferred and posted as Incharge Assistant Drug Controller, Begusarai and in his place one Shri Ravindra Kumar Sinha has been transferred and posted as Incharge State Drug Controller. The notification dated 04.08.2016 has been annexed as Annexure-20 to the said Interlocutory Application and quashing has been sought of the said notification as well.

5. Yet another I.A. No. 6615 of 2016 has been filed for quashing order no. 862 (15), dated 04.08.2016 (Annexure-26) as well as Annexure-19 and 20, dated 22.04.2016 and 04.08.2016 respectively.

6. I.A. No. 6382 of 2016 and I.A. No. 7354 of 2016 are Interveners Applications, which have been filed by people who are going to be directly affected by any relief, which may be extended to the petitioner in the present writ application, since they are necessary parties, Interlocutory Applications are allowed.

7. Bihar Public Service Commission (hereinafter referred to as B.P.S.C. for short) advertised the posts of Drug Inspector (Ayurved) for appointment under the State of Bihar. The said advertisement was numbered as Advertisement No. 12 of 1990.

8. Yet another advertisement, bearing Advertisement No. 22 of 1990 was issued for appointment on the post of Drug Inspectors (Allopath - my expression to highlight the distinction between the two Drug Inspectors). As the petitioner was working as Inspecting Officer, Drugs at Agartalla, he applied through proper channel against both the advertisement.

9. Petitioner was selected and recommended by B.P.S.C. for appointment as Drug Inspector (Ayurved). By virtue of appointment letter dated 27.03.1993 (Annexure-2). Petitioner gave his joining on 29.03.1993.

10. Since the petitioner had also applied for the post of a Drug Inspector (Allopath), he was also selected and recommended by B.P.S.C. on 09.12.1993. However, since the petitioner was already working on the post of Drug Inspector (Ayurved), a letter was issued to him by the Under Secretary, Department of Health, Government of Bihar on 09.03.1994 (Annexure-3) to give his option whether he would like to work as Drug Inspector (Ayurved) or Drug Inspector (Allopath). Petitioner responded, vide his letter, dated 25.03.1994, which is Annexure-4 to the writ application. The letter has significance to the dispute, therefore, the Court would like to reproduce the same in to, which is as under:-

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jes'k dqekj

vkS"kf/k fujh{kd ¼vk;qosZn½

jkT; vkS"kf/k fu;a=.k iz'kklu

fcgkj iVukA

lsok esa]

vij lfpo]

LokLF; foHkkx]

fcgkj ljdkjA

iVuk] fnukad 25-03-1994

fo"k;%& vkS"kf/k fujh{kd ds in ij fu;qfDr ds laca/k esaA

egk'k;]

vkids Kki la[;k 338¼5½ fnukad 01-03-1994 ds vuqikyu esa eq>s dguk gS fd esjk yh;su vkS"kf/k fujh{kd vk;qosZn ds in ij cjdjkj j[krs gq, vkS"kf/k fujh{kd ds in ij fu;qDr gksuk pkgrk gwWaA vkS"kf/k fujh{kd vk;qosZn ds dqN dk;Z yfEcr gS ftldk fu"iknu vko';d gSA d`i;k mlds fu"iknu rd mDr in ij vfrfjDr izHkkj esa jgus fn;k tk,A

25-03-1994

fo'oklHkktu

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¼jes'k dqekj½

vkS"kf/k fujh{kd ¼vk;qosZn½

fcgkj] iVukA

11. The petitioner thereafter joined the post of Drug Inspector (Allopath) on 20th of May, 1994, pursuant to the Advertisement No. 22 of 1990. It is the contention