SURENDRA NARAIN SINGH AND ORS. versus STATE OF BIHAR AND ORS.

Citation: [1998] 2 S.C.R. 1165 · Decided: 24-04-1998 · Supreme Court of India · Bench: K. VENKATASWAMI · Disposal: Dismissed

Judgment (excerpt)

SURENDRA NARAIN SINGH AND ORS. 
A 
11. 
STATE OF BIHAR AND ORS. 
APRIL 24, 1998 
[K. VENKATASWAMI AND S.P. KURDUKAR, JJ.] 
B 
Service Law : 
Bihar Judicial Service (Recruitment) Rules, 1955/Bihar Civil Service 
(Judicial Branch) Ad Hoc Recruitment Rules, 1974 : 
C 
Munsifs--Seniority-Munsifs selected in the 15th Examination under 
1955 Rules but given appointment as per supplementary list, after additional 
temporary Munsifs appointed under 1974 Rules-Inter se seniority-Held, 
Muns ifs selected under 1955 Rules would be placed senior to those appointed 
under 1974 Rules- Munsifs belonging to Scheduled Castes/Scheduled Tribes D 
selected 15th Examination figuring below in merit list though appointed 
-" 
earlier cannot claim seniority over the Munsifs selected in the same 
Examination and given appointment as per supplementary list-Expression 
"such candidates" occurring in Rule 20 of 1955 Rules referable to the 
candidates who figure in the merit list and are, in the opinion of the E 
Commission, suitable for appointment to the service. 
Bihar Public Service Commission issued, on 3.4. 1973 an advertisement 
for 200 posts of Munsifs for the 15th Examination under the Bihar Judicial 
Service (Recruitment) Rules, 1955. Out of these 200 posts 152 posts were 
to be filled by the general category candidates and 48 posts were reserved F 
for Scheduled Castes/Scheduled Tribes. The BPSC after conducting the 
y 
written examination and viva-voce, forwarded to the Bihar Government a list 
of 158 candidates, who were appointed as Munsifs between March 1975 and 
22.5.1975. Later, 9 more candidates from the said list got appointed, between 
14.6.1975 and 4.8.1975. The remaining 33 posts belonging to SC/ST category G 
could not be filled up for want of qualifie~ SC/ST candidates. 
Meanwhile, on coming into force of the Code of Criminal Procedure, 
~ 
1973 w.e.f. 1.1.1974 and work of Executive Magistrates being transferred to 
Judicial Magistrates, 152 additional temporary posts of Munsifs were created. 
In order to fill these posts, the Bihar Civil Service (Judicial Branch) Ad hoc H 
1165 
1l 
1166 
SUPREME COURT REPORTS 
[1998) 2 S.C.R. 
A Recruitment Rules, 1974 were framed. The BPSC, after conducting the 
written examination and viva-voce tests under the 1974 Rules, sent to the 
Government a merit list of 152 candidates who were appointed between 
23.5.1975 and 17.11.1976, initially for a period of six months, but the said 
period was extended till their confirmation. 
B 
,, 
Since there was acute shortage of Munsifs and candidates from SC/ 
ST categories were not available, the State Government dereserved the 33 
posts reserved under the 15th Examination. Accordingly, a supplementary 
list of 33 candidates from the r.1erit list of the 15th Examination held under 
the 1955 Rules was forwarded to the Government and these candidates were 
c appointed between 17.6.1976 and l.9.1976. One of them died later. The 
remaining 32 Munsifs (respondents No. 3 to 34) were given seniority over 
the Munsifs appointed under the 1974 Rules and were confirmed with effect 
from different dates in the year 1977 and 1978 whereas the Munsifs appointed 
under the 1974 Rules were confirmed w.e.f. 1980. The Munsifs appointed 
under the 1974 Rules as also the Munsifs belonging to SC/ST categories 
D appointed under the 15th Examination filed writ petitions challenging 
determination of inter-se seniority vis-a-vis the 32 Munsifs (respondents No. 
"-
3 to 34) appointed later in point of time under the 1955 Rules. 
In the meantime litigation with regard to the seniority started in the 
year 1985 as the Munsifs selected and appointed in subsequent three batches 
E of 16th, 17th and 18th Judicial Service Examinations were made senior to 
the Munsifs appointed under the 1974 Rules. Rule 9 of the 1974 Rules, 
which stated that a Munsif appointed under the Rule would not be entitled 
to reckon the period of his service as temporary Munsif for the purpose of 
has seniority, was struck down by the High Court, and seniority of the 
F Munsifs appointed under the 1974 Rules was directed to be refixed Rajendra 
Sinha & Ors. v. State of Bihar & Ors., (1992) BLJR 1332. Against this 
decision some of the Munsifs nf 15th, 16th, 17th and 18th batches of Bihar 
,.. 
Judicial Service Examinations filed special leave petitions before this Court. 
The said special leave petitions were dismissed with the observation that the 
candidates selected as a result of 15th Examination

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