Bihar State Govt.Sec.School Tech.Assn vs Bihar Edu.Ser.Assn.& Ors

The relevant facts:-

3. The facts leading to the two Civil Appeals herein are as follows:-

4. The committee drew its conclusions on the basis of the facts and figures furnished by various departments. As stated in the report, the approach of the committee was to find out:-

7. It is the case of the petitioner Secondary School Teachers Association that, though this notification was issued by the State Government on 11.4.1977, the State Government took no steps to implement the same. They represented for its implementation from time to time, but that was without any effect. They learnt that one provisional gradation list was prepared in the year 1986, but it was never circulated or made known to the Petitioner association. Another gradation list was prepared in 1995, and they found that the same had left out the members of the Petitioner association. Two representations were once again made, including one on 25.5.1998, but that was also without any effect. Therefore, they were constrained to file the Writ Petition, bearing No.12122 of 1998, against the State of Bihar and the concerned officers. In this petition they specifically claimed (a) that the aforesaid notification of 11.4.1977 contemplated a merger of their cadre into Bihar Education Service which consists of class-II employees, and (b) that any appointment and further promotions are to be made from the combined cadre. The petition therefore prayed:-

9. Another Writ Petition bearing CWJC No.8147/1999 was filed by some teachers viz. Smt. Ratan Prabha and Ors. This petition drew attention to the issue of pay anomaly. They also relied upon the notification of 11.4.1977, and prayed for preparation of a common seniority list for Bihar Education Service. Both the Writ Petitions were heard together. The State Government did not file any counter in spite of adequate time having been granted. The learned Single Judge of Patna High Court, observed in his order that it appears that the orders of merger had not been issued, and the matter was pending with the State Government, though in the meantime separate gradation list had been published for one or the other teaching cadre. The learned single judge therefore, passed the following order dated 2.2.2000:-

43. One of the pleas raised by the employees of the Bihar Education Service was that the subordinate teachers did not belong to the State Service. We may note at this stage that in their list of dates and events of the Civil Appeals, the appellants have specifically referred to the fact that these subordinate services are included in Appendix-16 of the Bihar Service Code, and therefore, it is contended that it will be incorrect to state that the subordinate service is not a part of the State Service. If we refer to the code we find that all the posts in subordinate service other than those classified as Class-I and Class-II State Services are mentioned at Item 119 in Appendix-16 of the Bihar Service Code, 1952. Thus, there is no merit in this objection as well.

45. For the reasons stated above, these appeals (arising out of SLP Nos.26675-76 of 2010) are allowed. The judgment and order passed by the Division Bench of Patna High Court in LPA No.418/2009 and other LPAs dated 21.5.2010, and that of the learned Single Judge dated 31.10.2007 in CWJC No.10091/2006 are set-aside and the said Writ Petition is hereby dismissed. Consequently the notification dated 19.11.2007 issued pursuant to the decision of the Single Judge will also stand quashed and set-aside. The State Govt. Resolution dated 7.7.2006 is upheld. The state shall proceed to act accordingly. I.A. Nos.19-20/2011 are dismissed. As stated by Mr. Patwalia, learned senior counsel for the appellants, the appellants no longer press for the action for contempt arising out of CWJC No.8679/2002. Contempt Petition Nos. 386-387/2011, will also accordingly stand disposed of, as not pressed.