IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3439 of 2007 1. Satya Prakash Sharma, SON OF BISHWESHWAR VISHWAKARMA, RESIDENT OF VILLAGE- BUDHANDI CHAK, P.O. BARH (RS) PS BARH, DIST PATNA, PRESENTLY WORKING AS JUNIOR STATISTICAL ASSISTANT DISTRICT STATISTICAL OFFICE LAKHHISARAI, P.O, PS & DIST LAKHHISARAI. 2. AWADHESH SINGH, SON OF LATE TIRTH RAJ SINGH, RESIDENT OF VILLAGE KALYANPUR, P.O KHALILABAD METOL, PS DHANARUA, DIST PATNA AT PRESENT WORKING AS JUNIOR STATISTICAL ASSISTANT, DISTRICT STATISTICAL OFFICE ARAWAL, PS P.O & DIST ARAWAL. 3. SUBELAL PD YADAV SON OF LATE JAGESHWAR YADAV RESIDENT F VILLAGE NARHAR BIGHA, P.O GHOSTAWAN PS & DIST NALANDA, AT PRESENT RESIDING AT RAM JAIPAL NAGAR, GOLA ROAD, BAILY ROAD, PS DANAPUR DIST PATNA PIN 801503 AND AT PRESENT WORKING AS JUNIOR STATISTICAL ASSISTANT JIWANAK PRASAKHA (HEAD QUARTER) BIHAR, DIRECTORATE OF STATISTICS AND EVALUATION, OLD SECRETARIAT HARDING ROAD, PATNA 800001 :---PETITIONERS. Versus 1. The State Of Bihar THROUGH THE SECRETARY, DEPARTMENT OF PLANNING AND DEVELOPMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, HARDING ROAD, PATNA 800001. 2. THE DIRECTOR STATISTICS AND EVALUATION, GOVERNMENT OF BIHAR, OLD SECRETARIAT, HARDING ROAD, PATNA 800001. 3. SRI RADHAKRISHNA PRASAD YADAV, S/O- NAME NOT KNOWN DISTRICT JIWANAK PRASAKHA, SITAMARHI. 4. SRI HARISH CHANDRA SHASTRI, S/O- NAME NOT KNOWN, RAJYA- AAY PRASHAKHA (HEAD QUARTER) BIHAR, DIRECTORATE OF STATISTICS AND EVALUATION, OLD SECRETARIAT, HARDING ROAD, PATNA 800001. 5. SRI DEO SARAN PRASAD, S/O- NAME NOT KNOWN INDUSTRIAL PRODUCTION SECTION, (HEAD QUARTER), BIHAR, DIRECTORATE OF STATISTICS AND EVALUATION, OLD SECRETARIAT, HARDING ROAD, PATNA 800001 :--- RESPONDENTS. ---------------------------------- For the petitioners :- M/S. Madhav Roy & Akhileshwar Kumar, Advocates For the State :- Mr. Md. Anis Akhtar, A.C. to G.A.-3. ======= 2. 15.09.2011. Heard learned counsel for the petitioners and the State. 2. When this writ petition was filed 2 petitioners were serving on the post of Junior Statistical Assistant/Block Statistical Supervisor, description of their posting has been given on the title page of the petition. Prayer has been made in this petition to direct the State-respondents to consider the case of the petitioners for grant of Junior Selection Grade in the scale of Rs. 1800- 3330/- as immediate junior to the petitioners, namely, Serial No. 1018, 1047, 1072 in the Gradation List have been granted the Junior Selection Grade with effect from 1.2.1996, 1.9.1996, 1.2.1997 respectively. Such fact is evident from the office order no. 531 bearing Memo No. 1902 dated 26.8.1997, Annexure-5. In the light of the order, Annexure-5 it is submitted that directions be given to grant Petitioner Nos. 1,2,3 the Junior Selection Grade with effect from 1.2.1996, 1.9.1996, 1.2.1997 respectively. 3. State-respondents have not filed any counter affidavit opposing the prayer. This Court, however, has considered the matter in the light of the resolution of the Government dated 8.2.1999 in paragraph 11 whereof scheme for grant of Selection Grade 3 was abolished with effect from 1.1.1996. Immediate juniors of the petitioners in the Gradation List i.e. Serial No. 1018, 1047, 1072 have been granted Junior Selection Grade under order dated 26.8.1997 with effect from 1.2.1996, 1.9.1996, 1.2.1997 prior thereto the scheme for grant of Selection Grade stood abolished with effect from 1.1.1996 under resolution of the Government dated 8.2.1999. In the circumstances, direction to grant the petitioners Selection Grade in my opinion cannot be issued as the scheme of Selection Grade has already been abolished by the State Government. State-respondents are directed to pass appropriate orders cancelling Selection Grade against those who have been granted Junior Selection Grade with effect from 1.2.1996, 1.9.1996, 1.2.1997 within reasonable time. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)