PATNA, India, June 18 -- Patna High Court issued the following judgment on June 17:
Since in both the writ petitions, common issues are involved, therefore, both these petitions are being decided by this common order.
2 In both the petitions, all the petitioners herein are claiming their promotion against the post of Additional District Transport Officer (for brevity, ADTO) in terms of the provisions contained in Rule 8 (ii) (b) of the Bihar Transport Service Rules, 2020 (for brevity, the 2020 Rules).
3 Brief facts of the case are that the Bihar Transport (Enforcement) Cadre Rules, 2003 (for brevity, the 2003 Rules) were formulated to govern the Recruitment, Promotion and Service Conditions of Personnel in the Transport (Enforcement) Branch of Bihar. Rule 3 of the 2003 Rules laid down the provisions with respect to the constitution of the cadre, according to which the said cadre comprised of altogether 3 posts, i e, the posts of Enforcement Sub-Inspector which is entry level post, the Enforcement Inspector and the Enforcement Officer which are the promotional posts.
4 Pursuant to the advertisement issued by the Bihar Staff Selection Commission dated 18.12.2004, all the petitioners of these petitions were appointed on the post of Enforcement Sub Inspector. Meanwhile, the Transport Department notified the 2020 Rules through a Notification dated 29.01.2020. As per Rule 8 of the 2020 Rules, 50% of the basic grade posts of ADTO shall be filled up by direct recruitment on the basis of recommendation made by the BPSC while remaining 50% of the basic grade posts were earmarked for promotion from Bihar Transport (Enforcement) Cadre and the Bihar Transport (Technical) Cadre. Rule 8 (ii) (b) of the 2020 Rules further provides that 40% from the said promotional posts shall be filled up from the Bihar Transport (Enforcement) Cadre. Further, as per Rule 8 (iii) of the 2020 Rules, promotions to the posts within the Bihar Transport Service are to be granted from the immediate next lower level posts, based on the principles of seniority-cum-merit as recommended by the Departmental Promotion Committee.
5 Pursuant to the advertisement issued by the Bihar Public Service Commission on 16.09.2020 for the 66th Combined Competitive Examination, 30 posts of ADTO were filled up by direct recruitment. As per Rule 8 (ii), the remaining 30 posts were to be filled through promotion in the proportionate of 60% from the cadre of Bihar Transport (Technical) and 40% from the Bihar Transport (Enforcement Wing). Meanwhile, a Notification dated 13.10.2023 (Annexure P/5 to the writ petition bearing CWJC No 16992 of 2024) was issued by the respondents by which the Temporary Ad hoc Officiating Rules, 2023 (for brevity, the 2023 Rules) were notified laying down provisions for considering the cases of State Government employees for giving them the charge against promotional posts on purely temporary ad hoc working arrangement basis as promotion against such post could not be granted to them on a regular basis on account of the order having been passed by the Supreme Court in Civil Appeal No 4880 of 2017. Thereafter, in the light of the 2023 Rules, vide office order dated 26.06.2024 bearing Memo No 8563, the respondents promoted 18 Enforcement Sub Inspectors against the post of Enforcement Inspector in pay level 7. The petitioners in CWJC No 16992 of 2024 were included in those 18 persons who have been promoted. In accordance with Rule 8 (ii) (a) of 2020 Rules, 60% quota in promotional post, i e, 22 posts of ADTO and equivalent posts are available to the technical cadre and remaining 40% posts, i e, 14 posts of ADTO and equivalent posts are available to the Enforcement Cadre. The petitioners of CWJC No 1512 of 2025 are claiming their promotions to the post of ADTO on the ground that they are working as Enforcement Sub-Inspector which is level 6 post and lower to the post of ADTO, i e, level 7 post. The petitioners of CWJC No 16992 of 2024 are also claiming their promotion to the post of ADTO on the ground that they fulfill the requirement of prescribed qualification under Rule 6 (x) of 2023 Rules read with the provisions contained in Rule 8 (ii) (b) of the 2020 Rules.
6 Learned counsel appearing for the petitioners in CWJC No 16992 of 2024 submits that the petitioners in this petition fulfills the requirements prescribed under Rule 6 (x) of the 2023 Rules and were clearly entitled for being given the charge against the post which is one level above the level which was the next post against which they were working and in this manner, they become entitled for being given the charge against the post of ADTO but the respondents vide office order dated 26.06.2024 (Annexure P/8) were wrongly given the charge of Enforcement Inspector in pay level 7 in terms of 2023 Rules instead of being given the charge against the post of ADTO. The persons, who were working against the post of motor vehicle inspector as members of Bihar Transport (Technical) Cadre were given the charge against the post of ADTO. Therefore, the petitioners in CWJC No 16992 of 2024 are also entitled to get charge against the post of ADTO instead of the post of Enforcement Inspector. He further submits that the post of ADTO is a gazetted post whereas the post of Enforcement Inspector is not a gazetted post though there is no financial loss suffered by the petitioners but there is clearly a loss of status and rank. Therefore, the petitioners, in this petition, are entitled to get the charge of ADTO.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTUxMiMyMDI1IzEjTg==-Nd8crTjHtvU=
Disclaimer: Curated by HT Syndication.
