Legal Battle over Cadre Merger for +2 Lecturers in Bihar

The legal battle over the cadre merger for +2 lecturers in Bihar has raised crucial questions surrounding administrative decisions and their legal implications. The Supreme Court’s examination of the State Government’s inconsistent stance underscores the significance of clear and consistent policy-making. As the dispute unfolds, it highlights the necessity of adherence to legal principles and previous court rulings to ensure justice and fairness in such matters.

Facts

• The advertisement reflected the creation of posts for +2 lecturers in Government Boys/Girls High Schools.
• Various writ petitions were filed challenging the merger of different cadres and seeking consequential benefits.
• Temporary appointments were made for +2 lecturers for succeeding academic years.
• A resolution was passed in 1977 merging the BSES cadre with BES Class II.
• An exception was made in 2006 denying the benefit of merger to +2 lecturers in Government schools.
• A resolution in 2006 merged BSES (Teaching Branch) with BES Class-II.
• Amendments were made in 2009 regarding service conditions for +2 lecturers in Bihar Government Higher Secondary Schools.
• The 2009 Rules specified the definition of lecturer as +2 lecturers appointed through Advertisement No. 1/87.
• The High Court allowed the WP on 31.10.2007, and its decision was upheld by the Division Bench.
• The government’s fluctuating stand and indecisiveness were noted with displeasure by the Supreme Court.
• The Division Bench directed the revival of the combined gradation list or suitable amendment of Rule 27 for the merger’s real purpose.
• The State Government, post the High Court judgment, quashed the merger resolution, withdrawing financial benefits.
• The +2 lecturers appointed under Advertisement No. 1/87 were affirmed by the High Court as part of BSES.
• The grouping of +2 lecturers with nationalized school teachers was found unjustified and interdicted.
• The government was delaying the restoration of the pre-merger positions, affecting BSES members’ transfer and postings.
• The Court relied on earlier judgments to assert the rights of +2 lecturers for restoration of the merger decision.
• The Supreme Court held that the 2014 Rules by Bihar government unjustly protected the interest of those in the BES sub-cadre.
• The civil appeal favoring the members of BSES was dismissed on 19.04.2006, but later allowed on 23.11.2012.

Also Read: Insurance Claim Repudiation due to Fire Incident: Court’s Legal Analysis

Arguments

• The Division Bench of the High Court at Patna granted relief to the writ petitioners and declared that the +2 lecturers appointed pursuant to Advertisement No.1/87 are part of the Bihar Subordinate Education Service (BSES) and entitled to be merged with the Bihar Education Service Class II (BES) according to the Government decision dated 07.07.2006.
• The Court interfered with the notification dated 23.6.2009, which proposed the encadrement of the +2 lecturers with teachers in nationalized secondary schools, found to be against Article 790 of the Bihar Education Code and in contradiction to the Government’s decision dated 07.07.2006 and Advertisement No. 1/87.
• The impugned order dated 6.10.2006 and the notification dated 23.6.2009 were quashed and set aside by the Court.
• Background: A committee was constituted by the Government of Bihar in 1976, headed by Shri Saran Singh, to address the issue of stagnation in Bihar Civil Service and focus on ex-cadre appointments.
• The petitioner argues that in previous rounds of litigation, respondents sought pay scale parity with members of BSES, making the current writ petition barred by constructive res judicata and inordinate delay.
• State’s counsel clarifies that reference to BSES in Selection Grade Advertisement was for post identification, not cadre inclusion.
• Posts of +2 lecturers did not exist when the merger decision of BSES with BES was made in 1977.
• Relief was granted declaring +2 lecturers as part of BSES and consequently BES.
• Appointment letters of +2 lecturers mentioned Ex Cadre Posts, awaiting separate cadre formation decision.
• Merge of respondents into BES cadre should not affect seniority of BES Association members from their initial appointment dates.
• Encadrement of +2 lecturers aligns with Bihar Non-Government Secondary Schools Act 1981 as recruitment was by the School Service Board under the Act.
• Matter falls under state policy and amendments to rules are necessary for resolution, not just executive action or court orders.
• Policy decision and Advertisement clearly stated creation of +2 lecturer posts in Junior Selection Grade of BSES.
• Term ‘ex-cadre’ in appointment orders eased anxiety of BSES Assistant Teachers about seniority loss to +2 lecturers.
• Indecisiveness of Bihar government led to multiple litigations, viewed adversely by the Court.

Also Read: Supreme Court Upholds Right to Privacy in Pregnancy: Examining the Inviolable Nature of the Human Personality

Analysis

• The cadre for the +2 lecturers in nationalized schools was not specified in the initial judgment.
• The posts were created in the same pay scale as the BSES Cadre.
• The subsequent Advertisement No 1/87 confirmed that applications were invited in the BSES Cadre.
• Selected candidates were appointed in either government or nationalized schools.
• Notification dated 13.11.1985 clearly stated the creation of +2 lecturer posts in the BSES Cadre with a specific pay scale.

Also Read: Supreme Court Judgment on Suretech Hospital Medical Negligence Case: A Tale of Negligence and Unnecessary Risk-Taking

Case Title: STATE OF BIHAR Vs. SHYAMA NANDAN MISHRA (2022 INSC 516)

Case Number: C.A. No.-007364-007364 / 2014

Click here to read/download original judgement