P. B. Bajanthri, J.—In the instant Letters Patent Appeal, appellant has assailed the order of learned Single Judge dated 24.10.2016 passed in C.W.J.C. No. 17414 of 2013. The Appellant Association is consisting of various cadre posts in the then Bihar Intermediate Education Council. The aforesaid Council was dissolved. In the result, assets and liabilities was taken over by State Government adjusting employees of the then Bihar Intermediate Education Council in the Bihar School Examination Board. Their grievance is to count the service rendered in the Bihar Intermediate Education Council in the Bihar School Examination Board while granting seniority. In denial of seniority, the Appellant Association filed CWJC No. 17414 of 2013 which was rejected, hence the present Letters Patent Appeal.

2. Learned counsel for the appellants vehemently contented that employees of the then Council are entitled to count their past service in the Council in the Bihar School Examination Board towards grant of seniority which has been denied. Such a denial is in violation of Articles 14 and 16 of the Constitution. In this regard, he has pointed out Clauses of Bihar Intermediate Education Council Act, 1992 which was repealed in the year 2007 to contend that service benefits in the then Council is required to be counted for the purpose of extending seniority in the Bihar School Examination Board. Therefore, denial of seniority and extending only benefit of pension and A.C.P. is arbitrary. Such grant of pension and A.C.P. is in terms of adjustment of service of employees of the abolished Bihar Intermediate Education Council in light of sub-section 2 of Section 3 of Bihar Intermediate Education Council (Repeal Act), 2007, Resolution dated 12.07.2012.

3. Per contra, learned counsel for the Staterespondents resisted the aforesaid contentions and supported the order of the learned Single Judge. It is also submitted that Appellant Association have not questioned the validity of Clause 13 of the Resolution dated 12.07.2012 in respect of extending past service of the adjusted employees would be counted for the purpose of pension and A.C.P. only. In other words, they are not entitled to count their past service in the Council except towards pension and A.C.P. It is submitted that by virtue of Resolution dated 12.07.2012, Appellant Association - employees have been made clear that they are entitled to count their past service for the purpose of pension and A.C.P. In the absence of challenge to the aforesaid Clause, the Appellant Association are not entitled. It is also submitted that Appellant Association petition is not maintainable. The Association have not produced registration certificate. On the other hand, they have produced certain certificate which is not relating to the Appellant Association.

4. Learned counsel for the appellant submitted that Appellant Association is affiliated to registered association which has been placed on record. Perusal of the title of the Appellant Association, it is crystal clear that it is an independent Association. If there is any statement in the bye law that does not enure to the benefit of unregistered Association. Learned counsel for the appellant submitted that the learned Single Judge has committed error in not appreciating the service rendered by the employees of the Appellant Association in the then Council. The Council was dissolved in the public interest, therefore, they are entitled to count past service rendered in the Council including seniority in the Bihar School Examination Board. It is also submitted that in all fairness the past service was required to be counted for the purpose of seniority and it is not a case of transfer/absorption of an employee at his or her request. On the other hand, it is a dissolution of the Council at the behest of the State.

5. Heard the learned counsel for the respective parties.

6. Question for consideration is whether Employees Association writ petition is maintainable or not? Fu