Dineshwar Prasad Singh v. State Of Bihar

Ajay Kumar Tripathi, J.:— Writ application was filed by the petitioners for quashing Resolution No. 11635 dated 21.8.2012, issued by the General Administration Department, Government of Bihar, by virtue of which benefit of reservation was continued with consequential seniority in promotion to employees belonging to the Scheduled Caste and Scheduled Tribe category.

2. Earlier when this writ application was taken up, matter was adjourned awaiting disposal of CWJC No. 19114 of 2012, which too had challenged the said resolution of the State. Since then decision of the learned Single Judge quashing the said resolution has been rendered, which has been reported in 2015 (2) PLJR 844 and that judgment of the learned Single Judge has been upheld by a Division Bench in a case reported in 2015 (3) PLJR 593.

3. In addition to that, learned senior counsel for the petitioners also draws the attention of this Court to a decision rendered by the Apex Court dated 27th July, 2015 in Civil Appeal No(s). 6631-6632 of 2015 and other analogous cases, which has expressed similar kind of view as expressed by the learned Single Judge and the Division Bench of this Court.

4. In view of the same, writ application is allowed.

5. Respondent State authorities are directed to do the needful with regard to grant of seniority in promotion by revising the earlier gradation list which stands quashed and is not in existence. The exercise in this regard must be done by the respondent State within a period of four months from the date of production of a copy of this order.