CAV JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 24-01-2024 The petitioners, directly appointed ‘Inspectors, Prohibition’ pursuant to the 63rd Combined Competitive Examination (for brevity ‘CCE’) conducted by the Bihar Public Service Commission (for brevity ‘BPSC’) are aggrieved with the alleged downgrading of the post from gazetted to non- gazetted. The petitioners contend that the advertisement for the 63rd ‘CCE’ was under the Bihar Excise Service (Recruitment and Service Conditions) Rules, 2009 (hereinafter referred to as ‘Rules of 2009’). After the advertisement issued on 09.11.2017, the 7th Pay Commission recommended restructuring of the cadre of Bihar Excise Service.

2. Considering the policy of Prohibition having been implemented within the State, there was also rechristening of the department as ‘Prohibition, Excise and Registration Department’. Based on the recommendation of the 7th Pay Commission, the post of ‘Inspector, Excise’ which was the entry cadre under the ‘Rules of 2009’ was made non-gazetted and the same included under the Bihar Non-Gazetted Excise Officers (Recruitment and Service Conditions) Rules, 2017. These rules, after the rechristening of the departme