CIVIL WRIT JURISDICTION CASE No.10157 OF 1994 -------- In the matter of an application under Articles 226 and 227 of the Constitution of India. --------- SMT.MALA SHARMA, wife of Lallan Sharma, resident of Mohalla Harisabha Chowk, P.S. Kazimohammadpur, Dist. Muzaffarpur, at present Lady Extension Officer, Integrated Rural Development Programme, Nutan Block,West Champaran, Bettiah ………………Petitioner Versus 1. STATE OF BIHAR 2. The Commissioner, Tirhut Division, Muzaffarpur. 3. The Rural Development Agency, through its Managing Director i.e. the Deputy Development Commissioner, West Champaran. 4. The Deputy Development Commissioner, West Champaran 5. The District Magistrate-cum-Collector, West Champaran and Chairman of the Rural Development Agency, West Champaran ……..Respondents. For the petitioner: Mr. Ganesh Pd. Singh, Sr. Advocate Mr. Manish Kumar, Advocate. For the respondents : Mr. Dhananjay Kumar, A.C. to G.P.12 P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR.KATRIAR THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA S.K. Katriar, J. This writ petition has been preferred for a direction to the respondent authorities to give to the petitioner her due seniority as Lady Extension Officer in the Tirhut Division, with arrears of salary and consequential benefits. This writ petition was earlier placed before a learned Single Judge of this Court. By order dated 30.8.1995, it was referred to a Division - 2 - Bench for consideration of the issue indicated in the order. We shall keep that question in our mind while disposing of this writ petition. 2. A brief statement of facts essential for the disposal of this writ petition may be indicated. Respondent no.2 issued an advertisement which was published on 21.1.1987 (annexure-1), inviting applications from female candidates to fill up 58 vacancies of Lady Extension Officers under Rural Development Department in the Tirhut Division. The advertisement, inter-alia, stated that “…priority will be given to such candidates who are inhabitant of the districts of Tirhut Division. 0ut of 58 posts mentioned above, 12 posts are reserved for scheduled castes and 1 post for the scheduled tribes.” 3. The petitioner was an applicant and was considered for appointment. Interview of the candidates had taken place between 14.4.1988 to 21.4.1988. The petitioner belonged to the general category, and had found her way to the combined merit list published on 7.6.1988. Out of the 58 vacancies, 41 candidates were appointed in the first transaction, and 17 posts remained vacant. In view of the position that the cadre was district-wise, the petitioner, being resident of the district of Muzaffarpur, had to be appointed to the district of Muzaffarpur. - 3 - However, the candidates appointed for the district of Muzaffarpur were above her in the merit list, and were issued appointment letters. 4. In order to fill up the remaining posts, the authorities issued a fresh advertisement in the year 1989-90, and ,on protest of the petitioner and other persons, the same was not given effect to , notwithstanding which the petitioner was not appointed leading to the third advertisement, namely, Advertisement no.2 of 1992, published on 15.1.1992. Aggrieved by this situation, the petitioner preferred C.W.J.C. No. 1422 of 1992, which was allowed by order dated 30.3.1993 passed by a Division Bench of this Court, whereby it was held that in view of the Government’s own decision dated 2.5.1984 (Annexure-3), read with Government decision dated 7.6.1988, any person from another district from the same selection process can be appointed. The relevant portion of the Government decision dated 2.5.1984(Annexure-3) is reproduced herein below : “LFkkuh; mEehnokj dk vFkZ ;g gS fd ftl ftys ds fy, p;u fd;k tk jgk gks mlh ftyksa dk mEehnokj gksuk vfuok;Z gSA ;fn ml ftys dk mEehnokj miyC/k u gks rks ml ize.My ds nwljs ftys ds mEehnokjksa dk - 4 - p;u fd;k tk ldrk gSA” 5. In spite of the decision of the State Government, the petitioner was not appointed leading to a contempt application bearing M.J.C. No. 180 of 1993. However, during the pendency of the contempt proceedings, appointment letter was issued to the petitioner on 2.4.1994 (Annexure-10) , she was allotted the District of West Champaran, and she joined as Lady Extension Officer in the district of West Champaran. This gave rise to a fresh grievance to the petitioner and she submitted her representation dated 16.8.1994 (Annexure-14), stating therein that she may be allotted her seniority along with others of the same merit list with all consequential benefits. The representation remained pending giving rise to the present writ petition. 6. Learned counsel for the petitioner submits that there was no justification on the part of the State Government to refuse to fill up 58 vacancies, and its refusal to fill up 17 vacancies. Had the Government shown fairness, all the 58 vacancies would have been filled up together. There was also no justification on the part of the State Government in issuing the second and third advertisements. 7. Learned Government Counsel has opposed the writ - 5 - petition, has placed the counter affidavit, and has submitted that the cadre is district-wise, though there is a common selection process. The petitioner was entitled to appointment in the district of Muzaffarpur, but was given appointment in the district of West Champaran because of the order of the Court. The submission, therefore, is that the petitioner is not entitled to seniority from the earlier date. 8. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears to us from a perusal of the materials placed before us that the cadre of Lady Extension Officers is district- wise, and the applicants were entitled to appointment as per their domicile in the district in relation to which they had applied. The petitioner is a permanent resident of the district of Muzaffapur and was, therefore, entitled to appointment in the district of Muzaffarpur subject to availability of vacancies. All the vacancies of the district of Muzaffarpur were filled up with the appointment of the first round of appointment of 41 candidates. Therefore, under the normal circumstances, the petitioner had no chance of appointment from the selection process in pursuance of the first advertisement (Annexure-1). However, the State Government for administrative reasons took - 6 - the decision dated 2.5.1984 (Annexure-3) that, in case, the candidates of a particular district were not available, candidate of another district in the merit list may be appointed where posts has remained unfilled. The relevant portion of the Government decision dated 2.5.1984 (Annexure-3) of the State Government in the department of Rural Reconstruction has been reproduced hereinabove. 9. It further appears that this communication was reiterated by the State Government in its communication dated 7.6.1988. The writ petition bearing C.W.J.C. No. 1422 of 1992 was preferred for implementation of the aforesaid communication of the State Government It was for this reason that this Court had directed that the State Government should consider the petitioner’s case for the district where the vacancies remained unfilled. In other words, the primary contention was that a permanent resident of the district had to be appointed in that district. The Government decision reproduced hereinabove created an anomalous situation, and went on to fill up all the vacant posts of the other districts. We are, therefore, convinced that the State Government cannot be blamed for the intervening delay. In such a situation, we are of the view that the petitioner’s appointment was more a case of compassion, - 7 - B. P. Verma, J. and far less a matter of right. She is, therefore, not entitled to seniority from any date prior to that of her joining. Therefore, question of consequential benefits also do not arise. 9. In the result, this writ petition is dismissed. In the circumstances of the case, there shall be no order as to costs. (S.K. Katriar, J) I agree. ( Birendra Prasad Verma, J. ) Patna High Court, The 18th Aug. 2010 Rahman(NAFR)