IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4219 of 2010 1. NISHANT GAURAV S/O SRI RAMJI SINGH R/O VILL. + P.O.- HASAN BAZAR, VIA - PIRO, DISTT.- BHOJPUR, AT PRESENT RESIDING IN THE HOUSE OF SRI THAKUR PRASAD SINGH, B/8 POLICE COLONY, GANDHI BIHAR, ANISHABAD, PATNA AND POSTED AS STENOGRAPHER IN THE A.D.M. OFFICE, ARA 2. MISS ANJULA KUMARI SINHA D/O SRI DEONANDAN PRASAD SINHA R/O VILL.- TUFANGANJ, P.O. RAHUE, DISTT.- NALANDA, AT PRESENT POSTED AT D.R.D.A., SIWAN AS A STENOGRAPHER 3. SHASHI RANJAN KUMAR S/O SRI YOGENDRA SINGH R/O VILL.- CHILHIPUR, P.S. RAHUE, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF D.M. (CONFIDENTIAL SECTION), BHOJPUR AS A STENOGRAPHER 4. KUMAR RAVI SHANKAR S/O SRI NAWAL PRASAD R/O VILL.- GOPICHAK, P.S. + DISTT.- SHEIKHPURA, AT PRESENT POSTED AT THE OFFICE OF D.M., SHEIKHPURA AS A STENOGRAPHER 5. NAGENDRA KUMAR S/O SRI SURENDRA PRASAD R/O VILL.- MOSIMPUR, P.S. SHAKHPURA SARAI, DISTT.- SHEIKHPURA, AT PRESENT POSTED AT THE OFFICE OF COLLECTOR, SHEIKHPURA AS A STENOGRAPHER 6. ALOK RAJ S/O SRI DEOSARAN PRASAD SINGH R/O VILL.- GANJPUR, P.S. RAHUI, DISTT.- NALANDA, AT PRESENT POSTED AS THE OFFICE OF S.D.O., SHEIKHPURA AS A STENOGRAPHER 7. JITENDRA KUMAR S/O SRI KISHORI SAH R/O VILL.- ANDAR BAZAR, NOOR SARAI, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF COLLECTOR, AURANGABAD AS A STENOGRAPHER 8. RAKESH KUMAR SHASHI S/O SRI RAM NARAYAN SAH R/O MOHALLA- GARHPAR, P.S. BIHARSHARIF, DISTT.- NALANDA AT PRESENT POSTED AT THE OFFICE OF S.D.O., TEKARI (GAYA) AS A STENOGRAPHER 9. RAJANI KANT PRASAD S/O SRI DAWARIKA PRASAD R/O VILL. + P.O.- RAITAR, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF COLLECTOR, GAYA AS A STENOGRAPHER 10. MITHILESH KUMAR S/O SRI JAGDISH PRASAD R/O VILL.- HEMANPURA, P.O. SORARAI, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF DEPUTY DIRECTOR OFFICE, GAYA AS A STENOGRAPHER 11. PANKAJ KUMAR S/O SRI MITHILESH KUMAR R/O VILL.- AHIYAPUR, MUSHARI, P.O. GOPAL BAGH, P.S. SARMERA, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF A.D.M., GAYA AS A STENOGRAPHER 12. SARWAN KUMAR S/O SRI RAM AWATAR PANDIT R/O VILL.- NIJAMPURA, P.O. + P.S. ASTHAWAMA, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF COLLECTOR (CONFIDENTIAL SECTION), NAWADA AS A STENOGRAPHER 13. RAJEEV RANJAN S/O SRI SHEO NANDAN PRASAD R/O VILL.- VENDA, P.O. SONSA, P.S. RAHUI, DISTT.- NALANDA, AT PRESENT POSTED AT D.M. OFFICE, NALANDA AS A STENOGRAPHER 14. AJESH KUMAR S/O SRI DEO SARAN PRASAD R/O VILL.- MANIYACHAK, P.O. + P.S. ROH, DISTT.- NAWADA, AT PRESENT POSTED AT THE OFFICE OF S.D.O., RAJWALLI, AS A STENOGRAPHER 2 15. RAJEEV RANJAN KUMAR S/O SRI UMESH PRASAD R/O VILL.- JHAUR, P.O. KOCH GAORI, P.S. WARASLIGANJ, DISTT.- NAWADA, AT PRESENT POSTED AT THE OFFICE OF S.D.O., NAWADA, AS A STENOGRAPHER 16. RAJESH KUMAR S/O SRI AWADHESH PRASAD R/O VILLAGE + P.O.- GAPAL BAD, P.S. SARMERA, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF D.M., JEHANABAD, AS A STENOGRAPHER 17. SUMESH KUMAR S/O SRI RAMESHWAR PRASAD R/O VILL.- BHAINSASOR, P.S. BIHARSHARIF, DISTT.- NALANDA, AT PRESENT POSTED AT THE OFFICE OF S.D.O., JEHANABAD, AS A STENOGRAPHER 18. RANJEET KUMAR S/O SRI KRISH NANDAN SINGH R/O MOHALLA- RAJIV NAGAR ROAD, 14(A), P.O.- KESHARI NAGAR, P.S. RAJIV NAGAR, DISTT.- PATNA, AT PRESENT POSTED AT THE OFFICE OF D.M., JEHANABAD, AS A STENOGRAPHER 19. JAI CHAND PRASAD S/O RAM KHELAWAN MAHTO R/O VILL.- BHALUI, P.O. MANANPUR, P.S. KIWAL, DISTT.- LAKHISARAI 20. ANAND KISHORE S/O SRI KAPILDEO PRASAD R/O NEAR DR. SUDHA SHARMA CLINIC, NAWADA, P.O. + DISTT.- NAWADA 21. SHYAMAT ANAND S/O SRI BINAY KUMAR SINGH R/O MOHALLA- SOHDIH, P.S.- SOHSARAI, DISTT.- NALANDA 22. VIVEK KUMAR S/O SRI KAULESHWAR SINGH R/O VILL.- RATNA, P.O. + P.S. KARUBIGHA, DISTT.- NALANDA, AT PRESENT POSTED AT DISTRICT PANCHAYAT SECTION, AURANGABAD, AS A STENOGRAPHER 23. VIKAS KUMAR S/O SRI MANIK CHANDRA PRASAD R/O VILL.- MANI RAY KE TOLA, P.O. SALEMPUR, P.S. ARA MUFASSIL, DISTT.- BHOJPUR AT PRESENT POSTED AS STENOGRAPHER OF THE OFFICE OF THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, PATNA DIVISION, PATNA AND DEPUTED AT THE OFFICE OF REGISTRAR, CO-OPERATIVE SOCIETIES, BIHAR, PATNA 24. RAKESH KUMAR SINHA S/O SRI VINOD BIHARI SRIWASTAVA R/O VILL.- RENDIA, P.O. BIKRAMGANJ, DISTT.- ROHTAS AT PRESENT POSTED AT DISTRICT CONSUMER FORUM COLLECTORATE, KAIMUR (BHABHUA) AS A STENOGRAPHER 25. SRI RAMEKBAL RAY S/O SRI NAGO RAY R/O VILL.- RUPAULEE CHAKSIMA, P.O. SHIURA, DISTT.- SAMASTIPUR, AT PRESENT POSTED AT COLLECTORATE, SHEOHAR & DEPUTED AT THE OFFICE OF D.R.D.A. SHEOHAR, AS A STENOGRAPHER 26. SANJAY KUMAR JHA S/O LATE RUPKANT JHA R/O VILL. + P.O.- BOMBAIA HARLAL, P.S. DALSINGHSARAI, DISTT.- SAMASTIPUR, AT PRESENT POSTED AT COLLECTORATE, SHEOHAR, AS A STENOGRAPHER 27. ASHOK KUMAR S/O SRI JAG NARAYAN PRASAD R/O VILL.- RAMPUR, P.O. MURAR, DISTT.- BUXAR, AT PRESENT POSTED AT OFFICE OF D.I.M.O., DISTRICT JOINT HOSPITAL, MADHUBANI AS A STENOGRAPHER 28. AMIT KUMAR SHRIVASTAVA S/O SRI VISHWANATH PRASAD R/O VILL. + P.O. BASANTPUR, VIA- DHAMAR, DISTT.- BHOJPUR, AT PRESENT POSTED AT S.D.O. SADAR CHHAPRA, AS A STENOGRAPHER 29. JITENDRA NATH MITRA S/O LATE SHAILENDRA NATH MITRA R/O MOHALLA - LAH BAZAR, MITRA TYPERWRITERS, P.O. CHHAPRA, 3 DISTT.- SARAN, AT PRESENT POSTED AT A.D.M. OFFICE, SARAN, AS A STENOGRAPHER 30. ASHUTOSH RANJAN S/O SRI RAJESHWAR PRASAD R/O PRAYAG BHAWAN, MOHALLA- DAMARIA, P.O. + P.S. ANISHABAD, DISTT.- PATNA, AT PRESENT DEPUTED AT COMMISSIONER SARAN DIVISION, SARAN, CHHAPRA, AS A STENOGRAPHER 31. SHASHI BHUSHAN KUMAR S/O SRI RAJ KUMAR PRASAD R/O MOHALLA- RAMCHANDRAPUR (TEACHER COLONY), P.O. BIHARSHARIF, DISTT.- NALANDA, AT PRESENT DEPUTED AT D.M. OFFICE, SARAN, AS A STENOGRAPHER 32. PREM KUMAR S/O SRI HARIMOHAN SHUKLA R/O VILL.- NAVGARH, P.O. KANHAIYAGANJ, P.S. TELHARA, DISTT.- NALANDA, AT PRESENT POSTED AT DISTRICT ACCOUNTS OFFICE, BHAGALPUR AND DEPUTED AT DISTRICT CONFIDENTIAL SECTION, BHAGALPUR COLLECTORATE, BHAGALPUR AS A STENOGRAPHER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY PERSONAL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 4. BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY BIHAR, PATNA with CWJC No.9460 of 2010 1. RAM KATESH SINGH S/O SRI RAM LAKHAN SINGH R/O VILL.- DANKA BIGHA, P.O.- KAMTA, P.S.- BHARARI, DISTT.- ARWAL, AT PRESENT POSTED AS A STENOGRAPHER, COLLECTORIATE, ARWAL, DISTT.- CONFIDENTIAL OFFICE, ARWAL Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DEPUTY SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA 4. BIHAR STAFF SELECTION COMMISSION THROUGH ITS SECRETARY, BIHAR, PATNA with CWJC No.15754 of 2009 1. DIMPEE RANI D/O SHRI SATYENDRA KUMAR VILL.- GANPAT BIGHA, P.O.- HILSA, P.S.- HILSA, DISTT.- NALANDA, PRESENTLY POSTED AS STENOGRAPHER IN THE DEPARTMENT OF NIBANDHAN, UTPAD AUR MADYA NISHEDH, GOVT. OF BIHAR, PATNA 2. JYOTI D/O SRI SITA RAM SINGH VILLAGE/MOHALLA - BEUR, P.O.- BEUR, P.S.- ANISABAD, DISTT.- PATNA AT PRESENTLY POSTED AS STENOGRAPHER IN THE DEPARTMENT OF HEALTH, VIKAS BHAWAN, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. DHARMENDRA KUMAR S/O SHRI KRISHNA PANDIT VILL.- OIEYAW, P.S.- OIEYAW, DISTT.- NALANDA, PRESENTLY POSTED AS STENOGRAPHER IN COMMERCIAL TAXES TRIBUNAL, COMMERCIAL 4 TAX DEPARTMENT, OLD SECRETARIAT, BARACK NO. 9A, BIHAR, PATNA 4. SUJEET KUMAR S/O SHRI SUBHASH PRASAD VILLAGE/MOHALLA- GARHPAR, P.O.- BIHAR SHARIF, DISTT.- NALANDA, PRESENTLY POSTED AS STENOGRAPHER AT BIHAR STATE LAW COMMISSION, LAW DEPARTMENT, MAIN SECRETARIAT, GOVT. OF BIHAR, PATNA 5. VISHWAJIT KUMAR S/O SHRI VIRENDRA TANTI VILLAGE/MOHALLA - ASHA NAGAR, P.O.- SOHSARAI, P.S.- SOHSARAI, DISTT.- NALANDA, PRESENTLY POSTED AS STENOGRAPHER IN STATE ELECTION COMMISSION, BIHAR, PANCHAYATI RAJ DEPARTMENT, SONE BHAWAN, THIRD FLOOR, BIRCHAND PATEL PATH, PATNA 6. SHAFIKA JABEEN D/O SHRI MUZAFFAR HASAN VILLAGE/MOHALLA- SOHDIH, P.S.- SOHSARAI, DISTT.- NALANDA, PRESENTLY POSTED AS STENOGRAPHER IN DEPARTMENT OF FINANCE, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 7. PANKAJ KUMAR S/O SHRI NAGESHWAR SINGH VILL.- ANDI, P.O.- ANDI, P.S.- ASTHAWAN, DISTT.- NALANDA AT PRESENTLY POSTED AS STENOGRAPHER IN CHIEF MINISTER'S SECRETARIAT, 4 DESH RATNA MARG, BIHAR, PATNA 8. NARENDRA KUMAR S/O SHRI RAM SAGAR THAKUR VILL.- MORIYAWA, P.O.- SAIN, P.S.- DHANARUA, DISTT.- PATNA AT PRESENTLY POSTED AS STENOGRAPHER IN MAHADALIT COMMISSION, BAILEY ROAD, PATNA 9. RITESH CHANDRA VERMA S/O SHRI RAJDEO KUMAR VILLAGE/MOHALLA- TIKIYATOLI, P.O.- MOGALPURA, P.S.- PATNA CITY, DISTT.- PATNA AT PRESENTLY POSTED AS STENOGRAPHER IN DIRECTORATE OF PROSECUTION, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA 10. DHANANJAY KUMAR S/O SHRI SHIV NANDAN PRASAD VILL.- DIHRA, P.O.- JAGATPUR, P.S.- CHANDI, DISTT.- NALANDA AT PRESENTLY POSTED AS STENOGRAPHER IN CHIEF MINISTER'S SECRETARIAT, 4 DESH RATNA MARG, BIHAR, PATNA 11. BHARAT KUMAR S/O SHRI MUNNU LAL VILL.- NOORSARAI, P.O.- NOORSARAI, P.S.- NOORSARAI, DISTT.- NALANDA AT PRESENTLY POSTED AS STENOGRAPHER IN CHIEF MINISTER'S SECRETAIAT, 4 DESH RATNA MARG, BIHAR, PATNA 12. SANJEEV RANJAN S/O SHRI RAJESHWAR PRASAD VILLAGE/MOHALLA- DAMARIA, P.O.- ANISABAD, P.S.- ANISABAD, DISTT.- PATNA AT PRESENTLY POSTED AS STENOGRAPHER IN STATE ELECTION COMMISSION, (PANCHAYATI RAJ DEPARTMENT), SONE BHAWAN, THIRD FLOOR, BIR CHAND PATEL MARG, PATNA 13. JAY PRAKASH S/O SHRI RAM SAGAR SINGH VILL.- TELMAR, P.O.- TELMAR, P.S.- NOORSARAI, DISTT.- NALANDA AT PRESENTLY POSTED AS STENOGRAPHER IN DIRECTORATE OF PROVIDENT FUND, FINANCE DEPARTMENT, GOVT. OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA 14. PRAVAW RANJAN S/O SHRI BRAHMADEO PRASAD VILL.- BAHADI BIGHA, P.O.- ONDA, P.S.- SAARE, DISTT.- NALANDA AT PRESENTLY POSTED AS STENOGRAPHER IN CHIEF MINISTER'S SECRETARIAT, 4 DESH RATNA MARG, BIHAR, PATNA 15. JITENDRA KUMAR S/O RADHA KRISHNA SINGH SARASWATI COLONY, P.O.- HILSA, P.S.- HILSA, DISTT.- NALANDA PRESENTLY IN SERVICE AS A STENOGRAPHER IN THE DEPARTMENT OF PERSONNEL 5 & ADMINISTRATIVE DEPARTMENT, GOVT. OF BIHAR, SECRETARIAT, PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF LABOUR RESOURCES, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 5. THE SECRETARY BIHAR STAFF SELECTION COMMISSION, P.O.- VETENARY COLLEGE, PATNA-14 4. 26.11.2010 Heard learned counsel for the petitioners and the State in these batch of writ applications. The issue involved being common and interconnected, the applications are being disposed by this common order. The Court, for convenience of appreciation shall refer to the two categories of persons by numbers as 67 and 15. Though all in the former category may not be before the Court. The present order shall therefore be confined in its application only to those parties herein. An Advertisement No. 1505 of 2005, was published inviting applications for appointment as Stenographers in the regional offices mentioned in the Advertisement and which also included the Labour, Employment and Training Department. The petitioners in all three applications came to be selected. 67 of them were recommended for appointment in the regional offices represented in this category of 67 persons in the former two writ applications. 15 persons were 6 recommended for appointment in the Labour, Employment and Training Department represented in C.W.J.C. No. 15754 of 2009. The petitioners in the former two applications joined their posts in the regional offices. The recommendation in case of 15 persons was returned by the Department of Labour and Training. What may be the reasons for returning the recommendation is perhaps not very relevant for the purposes of the present discussion. A fresh Advertisement No. 906 of 2006 followed for the post of Stenographers on 18.5.2006. Apart from the other regional offices common with the earlier advertisement, the Department of Personnel and Administrative Reforms also found place in the latter Advertisement. These 15 persons then came to be adjusted against the fresh Advertisement dated 18.5.2006 and appointed in the Secretariat cadre. 67 persons who in the meantime joined the regional offices felt aggrieved by denial of consideration for appointment in the Secretariat cadre and which according to them carried certain additional benefits and career advancement opportunity. The matter travelled to this Court in C.W.J.C. No. 11718 of 2009 at their behest. A Bench of this Court on 8.9.2009 noticed certain administrative discussions for resolution of the 7 controversy as contained in letter dated 29.9.2008 and 29.10.2008. This Court also noticed that 67 posts in the Secretariat cadre and it attached offices were still vacant on which those who had joined in the regional offices may well be considered. This has led to the fresh order dated 6.11.2009 by which the respondents have decided that the 15 persons who were recommended for appointment in the Labour, Employment and Training Department under Advertisement No. 1505 of 2005 who had been appointed in the Secretariat cadre be sent back and appointed in the Labour, Employment and Training Department against available vacancies under Advertisement No. 1505 of 2005. The submission on behalf of these 15 persons is that their cadre is sought to be changed without their consent, without any notice or opportunity to them to show cause and that it affects their chances of promotion stated to be better under the Secretariat Cadre Rules as also their pay scale. The submission of the other 67 persons is of hostile discrimination between persons recruited under one Advertisement in pursuance of a common selection process. Alternatively it is submitted that the order dated 6.11.2009 does not deal with the feasibility of their adjustment against 67 vacancies in the Secretariat Cadre as noticed in C.W.J.C. 8 No. 11718 of 2009. Learned counsel representing these 15 persons submits that the order dated 6.11.2009 came to be passed in pursuance of C.W.J.C. No. 11718 of 2009 to which they were not party respondent. The order dated 29.9.2008 itself notices their presence and identity in the controversy and that were likely to be affected. The order dated 29.10.2008 was only a sequence to the same. In the circumstances before taking a final decision under letter dated 29.9.2008, the petitioners should also have been heard and there views solicited. Counsel for these 67 persons submits, relying upon the communication dated 29.9.2008 and the order of this Court in C.W.J.C. No. 11718 of 2009, that the order dated 6.11.2009 is not in consonance with the directions of this Court which directed their cases to be considered for adjustment on the available 67 vacancies in the Secretariat cadre. The Court finds substance in the submission on behalf of the petitioners in C.W.J.C. No. 15754 of 2009 that the order dated 6.11.2009 visits them with prejudice. The Court is not concerned with the issue whether the decision of the respondent to send them back to the regional offices in terms of the original Advertisement is correct or not. The Court is concerned 9 more with the decision making process. If as noticed from letter dated 29.9.2008 that there were two categories of persons, the respondents taking shelter behind the order of this Court in C.W.J.C. No. 11718 of 2009, could not take decision at the behest of these 67 persons which would affect the other 15 without hearing the latter. Especially when these 15 persons were not party to C.W.J.C. No. 11718 of 2009. Furthermore, if this Court in C.W.J.C. No. 11718 of 2009 had made certain observations with regard to adjustment of these 67 persons in the Secretariat cadre, that was a matter which was required to be simultaneously considered by the respondents in their wisdom. The question is not. Whether the respondents would adjust the 67 persons in the Secretariat cadre or not, but that it should have formed part of the consideration and discussion in the order dated 6.11.2009. In the circumstances, viewed in its entirety, the order dated 6.11.2009 is not sustainable in its present form both with regard to the 67 persons as also the 15 persons. The order dated 6.11.2009 is accordingly set aside. As a sequence thereof the consequential order dated 10.11.2009 goes in abeyance till fresh decision is not taken. The respondents are directed to hear these 15 10 persons in representative capacity as to why they be not reverted to the regional cadre in pursuance of the original Advertisement under which they came to be initially recommended. Simultaneously, it remains open for the respondents as opined by them itself in letter dated 29.9.2008 of the administrative decision for induction of these 67 persons in the available vacancies in the Secretariat cadre. It is not possible for the Court as was contended on behalf of some of the petitioners to give any directions as part of a judicial order for change of cadre from regional to Secretariat when they were applicant under an Advertisement for a regional cadre. The distinction between the judicial jurisdiction and the administrative aspect of the matter is one which has to be appreciated by the respondents in its proper prospective while disposing off the matter. The Court expects that the Principal Secretary, Personnel and Administrative Reforms Department shall resolve the controversy and pass appropriate orders in accordance with law within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)