IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14116 of 2008 1. RAM NATH PRASAD SINGH, SON OF LATE GOPI SINGH, RESIDENT OF VILLAGE AND P.O. GAYASPUR, P.S. PAROO, DISTRICT MUZAFFARPUR, PRESENTLY POSTED AS PRICE REPORTER, AGRICULTURE PRODUCE MARKET COMMITTEE, SAMASTIPUR. 2. RAJ MANI PRASAD SINGH , SON OF SRI DEO NARAYAN SINGH, RESIDENT OF VILALGE MAHURI, P.O. GOTI BANDH, P.S. DUMARIA, DISTRICT GAYA, PRESENTLY POSTED AS PRICE REPORTER, AGRICULTURE PRODUCE MARKET COMMITTEE, MOHANIA, DISTRICT KAUMUR AT BHABUA. 3. MADHESHWAR SINGH SON OF LATE SRI BABU LAL SINGH, RESIDENT OF VILLAGE KONI KUTI, P.O. BELSAR P.S. MEHANDIA, DISTRICT ARWAL, PRESENTLY POSTED AS PRICE REPORTER, AGRICULTURE PRODUCE MARKET COMMITTEE, PATNA CITY. Versus 1. THE STATE OF BIHAR 2. THE ADMINISTRATOR, AGRICULTURE PRODUCE MARKETING BOARD(DISSOLVED)., PANT BHAWAN, BAILEY ROAD, PATNA. 3. THE AGRICULTURE PRODUCTION COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 4. THE PRINCIPAL SECRETARY, THE PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5. THE FINANCE SECRETARY, GOVERNMENT OF BIHAR, PATNA. 6. THE SPECIAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 7. THE DEPUTY SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 8. THE DIRECTOR, AGRICULTURE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. For the petitioners : M/s Basant Kumar Choudhary, Sr. Adv, Vijay Kumar Singh, advocate. For the Marketing Board : M/s B.K.Singh Chouhan, Binod Kumar Singh, Advocates. For the State : Mr. K. Ravish, AC to GP-1. ----------- 07. 05.07.2010 Heard learned counsel for the petitioner, the Bihar State Marketing Board(Dissolved)(hereinafter referred to as the Board) and the counsel for the State, AC to GP-1. 2. Petitioners are aggrieved by the decision of three Secretaries of the Government of Bihar dated 12.6.2007, Annexure-9, whereunder they have been directed to be absorbed in the Directorate of Agriculture on the post of village level worker. They are also - 2 - aggrieved by the resolution of the Government passed in the light of the decision of the committee of Secretaries dated 12.6.2007 as contained in Annexure-11 and the office order No.645 bearing Memo No.2992 dated 7.9.2008, Annexure-12, whereunder they have been appointed as Panchayat Sewak after dissolution of the Board. 3. It is submitted on behalf of the petitioners that before constitution of the Board they were serving in the Weights and Measure Section of the Agriculture Directorate and after creation of the Board their services were transferred to the Board under notification of the State Government dated 31.10.1972, Annexure-1. Aforesaid notification became the subject matter of challenge before this Court and was quashed under orders dated 17.5.1973 passed in C.W.J.C. No.1411 of 1972 on the ground that transfer was without the consent of the transferee. In compliance of the orders of this Court State Government also cancelled the notification dated 31.10.1972 under notification dated 7.8.1973, which is contained in Annexure-4 to this application. After issue of notification cancelling the earlier notification the authorities of the State Government resolved under resolution dated 27.1.1988 that those of the employees of the Weights and Measure Section, who are willing to be absorbed in the Board may give their consent for such absorption and thereafter their services be transferred and absorbed in the Board. The resolution of the State Government dated 27.1.1988 is contained in Annexure-A to the counter affidavit filed by the State. In the light of the resolution of the State Government dated 27.1.1988 the Agriculture Directorate - 3 - which comprise of Weights and Measure Section issued office order bearing Memo No. 5818 dated 15.6.1990, Annexure-B directing that the employees of the Weights and Measure Section who have consented for their absorption and their names are included in the list attached to the office order be absorbed in the Board. In paragraphs-2 and 3 of the office order it was resolved that after transfer and absorption of the employees of the Weights and Measure Section in the Board their lien in the Agriculture Directorate/ Weights and Measure Section shall terminate but until the lien is not terminated their pension and leave account shall be maintained in the Directorate. Aforesaid office order is also contained in Anenxure-5 to this application. 4. It is further submitted on behalf of the petitioner that even after issue of the office order and transfer of the services of the petitioners to the Board their lien in the Agriculture Directorate/ Weights and Measure Section was not terminated as their pension and leave account is continued to be maintained in the Directorate/ Weights and Measure Section. In this connection, it is further pointed out that under office order dated 10.12.2007 the three petitioner along with others were granted promotion in the higher scale in terms of assured career progression scheme by the Weights and Measure Section of the Agricultural Directorate. It is submitted that in the light of the office order dated 10.12.2007 granting petitioner and others the assured career progression as also the fact that those who have been included in the list appended with the office order dated 15.6.1990, - 4 - Annexure-5 have been granted pensionary benefits from the Directorate of Agriculture, it should be taken that the lien of the petitioner and all others who are named in the list attached with the office order dated 15.6.1990 was never terminated and as the lien of the petitioners remained intact after dissolution of the Board they should have been absorbed in the Agriculture Directorate/ Weights and Measure Section and not as Panchayat Sewak in the Directorate of Panchayat Raj as has been directed to be done under the impugned decision of the committee of the three Secretaries and the resolution of the Government and the office order contained in Annexures-9, 11 and 12. 5. Learned counsel for the State, AC to GP-3 has opposed the prayer. He states that office order dated 15.6.1990 is crystal clear as it states that the employees of Weights and Measure Section whose names are included in the list appended with the office order has given their consent and it is only after their consent petitioners have been absorbed and once they have been absorbed in the light of the contents of paragraphs-2 and 3 of the office order dated 15.6.1990 their lien stood terminated and after termination of their lien there is no post available in the Weights and Measure Section over which petitioners can be taken back. In appreciation of the aforesaid facts the impugned decision of the committee of three Secretaries has been taken and the resolution of the Government as also the office order has been passed. It is also submitted by the counsel for the State that the question that petitioners had given consent for their absorption cannot be - 5 - investigated at this belated stage after more than 20 years of issue of office order dated 15.6.1990, whereunder it has been categorically stated that the employees of Weights and Measure Section who had given their consent as per the list attached their services are to be absorbed in the Board. 6. Counsel for the petitioners in rejoinder submitted that one Brijendra Prasad Lal who is also similarly situate like the petitioners as he is also included in the list appended with the office order dated 15.6.1990 has filed writ application before this Court claiming the same scale, which is admissible to the employees of the Board, whereafter this Court asked the authorities to consider his request and pass reasoned order and by passing reasoned order dated 9.8.2007 the Director, Agriculture concluded that services of Brijendra Prasad Lal has not been absorbed in the Board and he cannot be allowed the higher scale as he continued to be the employee of the Directorate of Weights and Measure Section and the Government having taken such stand in the case of Brijendra Prasad Lal and having granted the petitioners the assured career progression under office order dated 10.12.2007 cannot turn around to say that services of petitioners have been absorbed in the Board in the light of the office order dated 15.6.1990, Annexure-5. 7. Having heard counsel for the parties and having perused the contents of office order dated 10.12.2007, Annexure-6, whereunder petitioners were allowed assured career progression by the Agriculture Directorate/Weights and Measure Section as also the - 6 - fact that prayer of Brijendra Prasad Lal for grant of scale similar to the scale admissible to the employees of the Board was refused by the Director, Agriculture on the ground that he is a Government employee, I conclude that lien of the petitioners in the Weights and Measure Section of the Agriculture Directorate has not yet been terminated. In view of my findings above, I modify the decision of the committee of three Secretaries dated 12.6.2007, Annexure-9, resolution of the Government dated 2.9.2008, Annexure-11 and quash the office order dated 7.9.2008, Annexure-12 with direction to the respondents to allow the petitioners to serve on the equivalent post in the Weights and Measure Section of the Agriculture Directorate. 8. With the observation and direction aforesaid the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)