IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9234 of 2000 GARURADHWAJ KR.PRASAD SHAHI &O Versus THE STATE OF BIHAR & ORS ----------- 5. 17.09.2008 Heard learned counsel for the petitioner, for the State of Bihar and for private Respondents 5 to 9. Earlier there was one Directorate of Horticulture in the Department of Agriculture. It consisted of two cadres i.e. Vegetable Extension Workers like the petitioners and Horticulture Inspector like the private Respondents. The avenue of promotion for both was to Sub- divisional Horticulture Officer. A merger of the cadre of Vegetable Extension Worker and Horticulture Inspector took place. The avenue for promotion remained the same of Sub-divisional Horticulture Officer. The petitioners are now aggrieved by the promotion of the private Respondents after such merger to the post of Sub-divisional Horticulture Officer when it is their contention that the private Respondents are junior to them. Additionally, it is urged that no combined seniority list of the erstwhile two separate cadres had been prepared after merging into one before grant of such promotion. In the limited controversy of such nature, this Court would have expected the State Respondents to have gracefully acknowledged their responsibility. On the contrary, the first counter affidavit sworn by the Director of Horticulture states that there has been no merger of pay scales of the Vegetable Extension Workers and Horticulture Inspector and therefore they are different cadres. But there is no denial of Annexure-1 dated 7.11.1989 ordering the merger of the cadres. The second counter - 2 - affidavit on behalf of the Respondents pursuant to the order of the Court dated 26.8.2008 is completely silent on the issue of merger of the cadres. In that view of the matter, this Court is satisfied that the official Respondents have attempted to mislead this court and filed a counter affidavit contrary to their own official documents. After there has been merger of cadres and without preparation of any combined seniority list of Vegetable Extension Workers and Horticulture Inspectors, if any promotion had been granted to either of the two erstwhile categories, obviously it is not sustainable in law and it is of no consequence. The official respondents are, therefore, directed to prepare a fresh combined seniority list of the unified cadre of what earlier were two separate cadres of Vegetable Extension Workers and Horticulture Inspectors as of the date of merger i.e. 7.11.1989. The issue of promotion from this unified cadre based on seniority to the post of Sub-divisional Horticulture Officer is then to be considered afresh and ordered accordingly. Let this entire exercise of preparation of combined gradation list and consequent orders of promotion to the eligible in order of seniority whether party to the present proceedings or not be done positively within a maximum period of eight months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.) - 3 -