IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8093 of 2009 1. AMARDEO BAITHA, SON OF RAJDHARI BAITHA, R/V BANWARIA, P.S. ANJUA, P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MAJHAULIA, DISTRICT WEST CHAMPARAN. 2. ARUN KUMAR, SON OF RAMDHARI PRASAD, R/M PURANI BAZAR, P.O. NARKATIAGANJ, P.S. NARKATIAGANJ, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK DISTRICT WEST CHAMPARAN 3. DHRUB PANDEY, SON OF SRI ADYA PANDEY, R/V MUSHARI, P.O. CHANPATIYA, P.S. CHANPATIYA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK LAURIA, DISTRICT WEST CHAMPARAN 4. JAI PRAKASH NARAYAN, SON OF SRI YADUBIR NARAYAN PRASAD, R/V MANJHOULIA, P.S. MAJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK NARKATIAGANJ, DISTRICT WEST CHAMPARAN 5. CHANDRA SEKHAR MISHRA, SON OF SRI RAGHUNATH MISHRA, RESIDENT OF MOHALLA KILA, P.S. TOWN, BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGHA(B), DISTRICT WEST CHAMPARAN 6. PARAS SAH, SON OF SRI SINHASHAN SHAH, R/V +POST ANJUA, AT NARKATIAGANJ AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAIRIA, DISTRICT WEST CHAMPARAN 7. MADAN MOHAN DUBEY, SON OF SRI VISHWANATH DUBEY, R/V + POST JOYKATIA, P.S. MAJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MADHUBANI, DISTRICT WEST CHAMPARAN 8. GANESH PRASAD, SON OF SRI SUKAI SAH, R/V LAGUNAHA, P.S. PATILAR, AT BAGHA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAIRIA, DISTRICT WEST CHAMPARAN 9. VIRENDRA KUMAR SHUKLA, SON OF SRI RAMJI SHUKLA, R/V NAYATOLA, P.S. CHOUBEY TOLA AT CHANPATIYA DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGAHA-I , DISTRICT WEST CHAMPARAN 10. DHRUB NARAYAN KUMAR, SON OF SRI PRAHALAD PRASAD, R/V GNAJ NO.2 AT BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGHA I , DISTRICT WEST CHAMPARAN 11. PRAMOD KUMAR VERMA, SON OF SRI ANIRUGH PRASAD VERMA, R/V NAUTAN KHURD, POST HARPURA TOLA AT MANJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BETTIAH , DISTRICT WEST CHAMPARAN 12. MADAN PRASAD, SON OF SRI GANESH PRASAD SAHA, R/V + POST SHIVRAJPUR,POST NAUTAN, DISTRICT WEST CHAMPARAN, AT PRESENT POSTED AS VILLAGE LEVEL WORKER, AT BLOCK SIKTA, DISTRICT WEST CHAMPARAN. 13. SHAMBHU SHARAN RAI, SON OF KRISHNA DEO RAI, RESIDENT OF VILLAGE SIRSIYA, POST CHAHADI, POST CHAMPARAN DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK NARKATIAGANJ , DISTRICT WEST CHAMPARAN 14. VINOD KUMAR, SON OF LATE JAI NARAYAN, R/V MAIN ROAD, CHANPATIYA, POST CHANPATIYA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGHA-I , DISTRICT WEST CHAMPARAN 15. GOBIND CHANDRA JHA, SON OF SRI SHEO CHANDRA JHA, R/V + POST BANNCHAPAR, P.S. MUFASSIL AT BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK NAUTAN , DISTRICT WEST CHAMPARAN 16. SANJAY KUMAR VERMA SON OF LATE MUKTESHWAR SHARAN VERMA RESIDENT OF MOHALLA PURANI GUDRI, P.S. TOWN BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK YOGAPATTI, DISTRICT WEST CHAMPARAN 17. NANDOO THAKUR, SON OF SRI BHOLA THAKUR, R/V PARSA, VIA+ P.S. BAGHA, P.O. PARSA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK CHANPATIYA , DISTRICT WEST CHAMPARAN 18. CHHOTE LAL RAO, SON OF LATE KAMAL RAO, R/V PARORAHA, P.O. DUMRA BHAT, P.S. LAURIYA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK GAUNAHA , DISTRICT WEST CHAMPARAN 19. AWADH KISHORE PANDEY, SON OF SRI BHARAT PANDEY, R/V BADWA(JAMADAR TOLA) P.S. CHOUTARWA, POST SISWA BASANTPUR DISTRICT WEST CHAMPARAN AT PRESENT POST AT, BLOCK MAJHAULIA. - 2 - 20. BAGESHWARI YADAV, SON OF SRI LAXMI YADAV, R/V + POST RAMPURVA, P.S. MAURIATAND, DISTRICT WEST CHAMPARAN, AT PRESENT POSTED AS VILLAGE LEVEL WORKER AT BLOCK MANJHAULIA, DISTRICT WEST CHAMPARAN. 21. RAJ KUMAR VERMA, SON OF LATE KRISHNESHWAR PRASAD VERMA, R/V PANDY TOLA(SHANTIBAG), P.O. NARKATIYAGANJ, P.S. SHIKARPUR, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK GAUNAHA , DISTRICT WEST CHAMPARAN. 22. SITA RAM RAUT, SON OF SRI RAMCHANDRA RAUT, R/M JAGJIVAN NAGAR AT BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MADHUBANI , DISTRICT WEST CHAMPARAN 23. BIJENDRA SINGH, SON OF SRI YUGAL KISHORE, R/V PARAS PAKRI, POST CHANAYAN BANDH, P.S. MANJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK YOGAPATTI , DISTRICT WEST CHAMPARAN 24. RANJAN KUMAR, SON OF SRI VIDYANAND PRASAD, R/M NEW COLONY, P.S. + P.O. BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK NARKATIAGANJ , DISTRICT WEST CHAMPARAN 25. CHANDESHWAR KUMAR RAO, SON OF SRI LAL BABU RAO, R/V ENGLISHIA, P.O. BELWAMORE, P.S. CHOUTARWA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK CHANPATIYA , DISTRICT WEST CHAMPARAN 26. SIDDHANATH RAI, SON OF LATE RAMASHRAY PRASAD RAI, R/V RAMPUR, P.S. RAJPUR, DISTRICT BUXAR AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MAGHOULIA , DISTRICT WEST CHAMPARAN 27. SRI KANT BHAGAT, SON OF SRI MAHADEO BHAGAT, R/V + POST SHIV RAJPUR, P.S. NAUTAN, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK CHANPATIYA , DISTRICT WEST CHAMPARAN 28. VIRENDRA PRASAD, SON OF SRI RAGHAW PRASAD, R/V PATUKOHIA, VIA SIKTA, P.S. SIKTA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK YOGAPATTI , DISTRICT WEST CHAMPARAN 29. VINOD RAO, SON OF SRI LAGAN DEO RAO, R/V + POST LAUKARIA, P.S. BARIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, AT BLOCK MAINATAND, DISTRICT WEST CHAMPARAN. 30. BRAJESH KUMAR MISHRA, SON OF LATE JAGDISH MISHRA, R/V + CHOUBEY TOAL, P.S. BAIRIYA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MAINATAND , DISTRICT WEST CHAMPARAN 31. DIPT KISHORE, SON OF LATE RAM BHADRA JHA, R/V + POST SARAIYA, OJHWALIA, P.S.BAIRIYA, DISTRICT WEST CHAMPARAN AT BLOCK MAJHAULIA. 32. DEEPAK KUMAR VERMA, SON OF SRI ISHWARI SHARAN VERMA RESIDENT OF VILLAGE/MOHALLA KALIBAG, P.S. TOWN AT BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK LAURIYA, DISTRICT WEST CHAMPARAN 33. CHANDRA MANI SHUKLA, SON OF LATE GANESH SHUKLA, R/V PAKDIHAR, POST TIKULIA, P.S. CHANPATIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK NARKATIAGANJ , DISTRICT WEST CHAMPARAN 34. SHANKAR PRASAD, SON OF LATE LAXMI PRASAD, R/V + POST PATILAR, P.S. CHOUTARWA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER AT BLOCK GAUNAHA, DISTRICT WEST CHAMPARAN. 35. SHAMBHU NATH PANDEY, SON OF LATE MATHURA PANDEY, R/V BAITHANIA, P.S. MANJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK MAINATAND , DISTRICT WEST CHAMPARAN 36. GOPAL JEE TIWARI, SON OF SRI RAGHAV SHARAN TIWARI, R/V/M KAMAL NATH NAGAR, AT P.O. AND P.S. BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGHA-I , DISTRICT WEST CHAMPARAN 37. PARASNATH KAJI, SON OF SRI SURENDRA KAJI, R/V CHATRATAUL, POST HARNATAND, P.S. LAUKARIYA BAGHA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK YOGAPATTI , DISTRICT WEST CHAMPARAN 38. ANAND THAKUR, SON OF SRI BHOLA THAKUR, R/V + POST PARSA, P.S. BAGHA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK YOGAPATTI , DISTRICT WEST CHAMPARAN 39. RAGHAV PRASAD, SON OF SRI SHATRUGHAN SAH, R/V SUGHARCHAT, P.O. BRITTI MATIARIA, P.S. LAURIYA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK CHANPATIYA , DISTRICT WEST CHAMPARAN - 3 - 40. MADHURENDRA SINGH, SON OF SRI RAM RATAN SINGH, R/V PARSA, POST PARSA, P.S. MANJHOULIA, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK GAUNAHA , DISTRICT WEST CHAMPARAN 41. OM PRAKASH GUPTA, SON OF SRI RAMJI PRASAD GUPTA, R/M GANJ NO.I, SHAHEED CHOWK, P.S. BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK BAGHA-II , DISTRICT WEST CHAMPARAN 42. RAMAYAN ROY, SON OF LATE GENA RAI, R/V+POST KOTRAHA, P.S. NAUTAN, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS VILLAGE LEVEL WORKER, BLOCK SIKTA , DISTRICT WEST CHAMPARAN-----PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-AGRICULTURE PRODUCTION COMMISSIONER, DEPTT. OF AGRICULTURE, GOVT. OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA. 3. THE DIRECTOR, DIRECTORATE OF AGRICULTURE, GOVT. OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 4. THE PRINCIPAL SECRETARY, DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, OLD SECRETARIAT, BAILEY ROAD, PATNA 5. SRI RATNESHWAR SHAHI, SON OF SRI RAM UDAR SHAHI, R/V MALIKANA, POST PREM NAGAR, P.S. DUMARA, DISTRICT SITAMARHI, AT PRESENT POSTED AS VILLAGE LEVEL WORKER, AT BLOCK RUNISAIDPUR, DISTRICT SITAMARHI ------RESPONDENTS ----------- 02. 17.07.2009. Learned counsel for the petitioners has filed I.A. No. 4291 of 2009, which is taken on record. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners were appointed as Village Level Worker pursuant to Advertisement No. O.C. 19/87 dated 27.6.1987, Annexure-3 issued by the District Employment Officer, West Champaran published in local newspaper. Having undergone the selection process petitioners were selected and underwent one year training as was provided in the Advertisement. Having completed the training petitioners joined the post of Village Level Worker in compliance of order bearing Memo No. 1774 dated 9.10.1990, Annexure-6 issued by the District Magistrate, West Champaran. 4. It is submitted on behalf of the petitioners that presently they are serving as Incharge Block Agriculture Officer/Agriculture Inspector. Ignoring their seniority in the cadre of village level worker, - 4 - the juniors have been promoted as Block Agriculture Officer/Agriculture Inspector vide order bearing letter No. 810 dated 27.2.2009, Annexure-1. It is also submitted that the promotion granted under order dated 27.2.2009 is contrary to the principles on which promotions are to be allowed as while granting promotion under order dated 27.2.2009, the seniority of the petitioners has been ignored. Counsel submits that the case of the petitioners for promotion was never considered in terms of the provisions contained in Government notification baring No. 2252 dated 24.3.1987, Annexure-2 as those who have been selected prior to 31.3.1990 were to undergo training for a period of one year. Petitioners were selected in terms of the advertisement of the year 1987 in the year 1988 and having undergone training for a period of one year as was provided in the employment notice were allowed to join in terms of the provisions contained in Rule 4(ka) of the aforesaid Rule in October, 1990 and thus their seniority is to be reckoned on the basis of their date of joining, which is also reflected in the seniority list of the village level worker maintained by the Directorate and is contained in Annexure-8 to this application. Counsel further submitted that in terms of the impugned promotion order dated 27.2.2009, Annexure-1 those who have been erroneously promoted have also been asked to join the promoted post under order of the Directorate bearing No. 3421 dated 10.7.2009, Annexure-9. It is submitted that both the orders dated 27.2.2009 and 10.7.2009, Annexures-1 and 9 are contrary to the norms and violative of Articles 14 and 16 of the Constitution as both the orders are in teeth - 5 - of the seniority as reckoned in Annexure-8. 5. Counsel for the State, on the other hand, submitted that against the order dated 27.2.2009, Annexure-1 C.W.J.C. No. 6003 of 2009 was filed and a Bench of this Court directed the petitioners of the said writ case to represent before the Agriculture Production Commissioner against the order dated 27.2.2009 and this Court should await the order of the Agriculture Production Commissioner in the matter. 6. Counsel for the petitioner in reply submitted that the order of this Court in the aforesaid writ case is dated 14.5.2009 but the Agriculture Production Commissioner has not yet passed any positive direction and the Director in the meanwhile has passed subsequent order dated 10.7.2009, Annexure-9 posting of the juniors against the higher post of Block Agriculture Officer/Agriculture Inspector ignoring the seniority claim of the petitioners. 7. This Court in the aforesaid writ case had passed orders dated 14.5.2009, in response whereto representation against Annexure-1 dated 27.2.2009 ought to have been considered by the Agriculture Production Commissioner in the light of the provisions of the employment notice and the Government notification dated 24.3.1987, Annexure-2 and until consideration of the matter by the Agriculture Production Commissioner, the Director ought not to have issued the subsequent order dated 10.7.2009. To this Court prima facie it appears that the case of the petitioners who were selected pursuant to Advertisement of 1987 in the year 1988 and having - 6 - undergone one year training joined in October, 1990 was required to be considered and as their promotion has not been considered while promoting the juniors the order dated 27.2.2009, Annexure-1 and the subsequent order dated 10.7.2009 appears to be in teeth of Articles 14 and 16 of the Constitution. I would have proceeded with the matter asking the State Respondents to file counter affidavit but I, wish to grant one more indulgence to the Agriculture Production Commissioner to consider the matter in the light of the stipulation contained in the employment notice, Government notification dated 24.3.1987, Annexure-2 and the seniority list, Annexure-8 in accordance with law. 8. In terms of my order petitioners should represent before the Agriculture Production Commissioner and in the representation the petitioners are at liberty to request the Agriculture Production Commissioner to grant interim relief. The representation and the prayer for grant of interim relief should be considered by the Agriculture Production Commissioner after hearing the petitioners or their representative/counsel in accordance with law as early as possible, in any case within three weeks from the date of receipt of the representation as also the request for interim relief and the final order be passed within six weeks. 9. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)