Bihar Administrative Service Association v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18125 of 2015 ====================================================== Bihar Administrative Service Association son of late Raghunath Prasad having office at Administrative Service Building BASA Bhawan, Jawahar Lal Nehru Marg, Patna - 1.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna.

4.

The Secretary, Bihar Public Service Commission BPSC, Bailey Road, Patna - 1.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh, Adv.

For the Respondent/s :

Mr.Sanjay Pandey, Adv.

Mr.Nishant Kr. Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1.A) For issuance of appropriate writ/writs,, order/orders, direction/directions to quash the letter no. 10070 dated 23.7.2014 (Annexure- 1); issued by the Deputy Secretary of General Administrative Department, Govt. of Bihar, Patna (Respondent No.3); by which erroneous requisition for 100 vacancies of Bihar Administrative Service Officers (Pay Band Rs.9300-34,800/- Grade Pay Rs.5400/-) had been sent to the Secretary of Bihar Public Service Commission (BPSC), Patna to be filled on the basis of 56th to 59th Combined Competitive

Patna High Court CWJC No.18125 of 2015(2) dt.05-10-2023 2/2 Examination conducted by the BPSC, though there is no actual vacancy available in the cadre of Bihar Administrative Service which is already having working strength of 1125 officers against the sanctioned strength of 851 officers as in August, 2015."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Principal Secretary, General Administration Department, Government of Bihar, Patna, for redressal of its aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed within a period of four weeks from today, the same shall be dealt with in accordance with law and a reasoned and a speaking order shall be passed thereon, within a period of eight weeks, thereafter, by the Principal Secretary, General Administration Department, Government of Bihar, Patna.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U