Purnendu Singh, J.—Heard Mr. S. B. K. Manglam, learned counsel appearing on behalf of the petitioner and learned AC to learned AG for the State.

2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:—

“(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to consider the petitioners’ case for their promotion to the post of Ward Sistery Nursing Sister in the pay-scale prescribed for the post i.e. Pay Level-8 on the ground that if the Respondents have considered the cases of other similary situated General Nurse Midwifery Grade-A and Staff Nurse Grade- A for their temporaty officiating charge of the post but with prescribed pay-scale, the petitioners are also entitled to be considered for such promotion with effect from the same date when they have considered the case of juniors to the petitioners without considering the case of petitioners, who were admittedly senior to them.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondents Authorities for grant of benefit of pay-scale and the post for all future benefits to the petitioners also with effect from the date since when the Respondents have given the post and pay-scale to other General Nurse Midwifery ignoring the cases of the petitioners.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case.”

Brief Facts:

3. The brief facts of the case are that the petitioners were appointed at the post of General Nurse Midwifery on contractual basis since a long time and after much persuasion between May and July, 2015, the petitioners had joined against the sanctioned and vacant post of General Nurse Midwifery on regular basis. The department of Health on 20.05.2020, published a provisional gradation list containing the names of 4991 Staff Nurse Grade- A. Thereafter, the respondent no.2, the Deputy Secretary, Department of Health, Government of Bihar issued a letter contained in Memo No.1600 dated 16.10.2023, addressed to the Head of different Institution/Hospital for forwarding necessary information in Form-I about all the working staff Nurse Grade-A. The petitioners are aggrieved by the subsequent development taken on the basis of the information, as contained in Annexure 2, altogether 505 General Nurse Midwifery Grade-A were given officiating posting against the post of ward sister/Nursing Sister in prescribed pay scale for the said post (Annexure 3), out of them many of them were those General Nurse Midwifery, who have allegedly joined their services much after the petitioners and, as such, a case of discrimination has been made out by the petitioners. Aggrieved by the same, petitioners have claimed in the present writ petition that they are also entitled to be considered for the ad hoc promotion at least from the date the juniors to the petitioners have been promoted on ad hoc basis in pay level 8.

Submissions:

4. The learned counsel appearing on behalf of the petitioners submitted that the petitioners were appointed on the post of General Nurse Midwifery on contractual basis and after interference of this Court, the petitioners were regularized in their services. Learned counsel further submitted that some of the persons, whose name reflected in provisional gradation list have been promoted on ad hoc basis, considering "Temporary Substitute Executive Arrangement Rules, 2023" (hereinafter referred to as the “Rules, 2023”), which is in violation of Articles 14 and 16 of the Constitution of India. He further submitted that even the governing rule of 2023, does not authorize the respondents to adopt discriminatory attitude for granting of officiating charge to a junior leaving behind their senior in their old rank and pay scale. The petitioners are also entitled for similar treatment in accorda