Ram Bali Singh vs State Of Bihar

Heard learned counsel for the petitioners and learned counsel for the State.

The instant writ petition has been filed with the following reliefs:-

I. For issuance of a writ in the nature of mandamus or appropriate direction commanding the respondents to accept the joining by treating the date of appointment of the petitioners to their respective posts of B.C.G.Technician with effect from 16.3.2000, the date on which the notification vide memo No.69 (II) dated 16.3.2000 appointing 109 candidates including others similar to the petitioners and including those junior to the petitioners in the merit list than that of petitioners were issued.

II. For further commanding the respondents to fix the seniority of the petitioners as per the merit list prepared by the B.P.S.C. and to grant all monetary benefits of continuous service and seniority as may be available to the candidates appointed from the same merit list occupying just below the petitioners.

III. For further commanding the respondents to provide old pension scheme in place of contributory pension plan (C.P.P.) since other appointees in this merit list have been provided old pension scheme whereas petitioners have been brought under contributory pension plan (C.P.P.) and to that extent quash Clause-7 of the Memo No.936 dated 15.9.2018 and Clause-6 of the Memo No.1153 dated 27.11.2018.

IV. For further commanding the respondents to fix the salary of the petitioners after granting benefit treating the date of appointment as 16.3.2000 for the post of B.C.G. Technician.

V. For further commanding the respondents to pay all the- consequential monetary benefits by computation of salary and computation of actual money benefit with full salary-with effect from 16.3.2000.

VI. For further commanding the respondents to refund the G.P.F. amount contributed by the petitioners during the earlier service rendered by the petitioners i.e. appointed by Dr.Mallick and count this service period for pensionary benefit.

VII. For any other relief or reliefs be granted to the petitioners for which they are entitled in the facts and circumstances of the case.

Learned counsel for the petitioners submits that by virtue of supplementary affidavit he has annexed the order dated 17.01.2022 passed by the coordinate Bench in C.W.J.C. No.998 of 2021 by which this Hon’ble Court has pleased to pass order, extract of which reads as under:-

“In support of the above said relief, petitioners are relying on earlier decisions passed in MJC No.1711 of 2016, LPA No.326 of 2009 decided on 07.07.2009 and C.W.J.C. No.20654 of 2010 decided on 11.02.2016 followed by representations.

The concerned respondent is hereby directed to examine the grievance of the petitioners and redress the same in passing speaking order within a period of four months from the date of receipt of this order.

Accordingly, the instant petition stands disposed of.”

Learned counsel for the petitioners submits that counter affidavit has been filed in this case and in the counter affidavit an order has been passed which is attached at page-18 of the counter affidavit i.e., issued by Memo No.292(11) dated 25.03.2019. In the said memo consideration of both the cases MJC No.1711 of 2016 and C.W.J.C. No.20654 of 2010 were taken into consideration and passed the order. Therefore, the preliminary objection of the respondent is that the petitioners ought to challenge the said order, if so advised.

Learned counsel for the State, on the other hand, submits that in the said memo the order has been passed for 35 persons only; whereas in the petition there are total 55 persons are petitioners.

In this circumstances, this Court decides this case into two category, for first category the petitioners whose rights are disturbed by Memo No.292 (11) dated 25.03.2019, they shall be at liberty to challenge the said order in accordance with law; whereas those petitioners whose name is not given in the said Memo No.292(11) dated 25.03.2019, liberty has been granted to them to pursue by way of filing representation before the authority who shall pass speaking order within a period of four months from the date of receipt of a copy of this order.

It is made clear that Government of Bihar, General Administration Department, vide notification 18/PR.SU.MI.-04-03/2008 SA PR 7528 dated 3.6.2019, has framed a rule, namely, Bihar Government Servant Grievances Redressal Rule, 2019, according to which liberty has been granted to raise their grievances before Service Grievance Redressal Officer.

With this direction, the writ petition is disposed of.