High CourtDivision BenchAppeal dismissed; the bifurcation of the cadre ...

Jagdish Prasad Sinha & Ors. v. Bhagwat Prasad & Ors.

Case / Petition Number:Civil Appeal No. 656 of 1989
Neutral Citation:1989 SCR 658

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Ranganath Misra
  • Kuldip Singh
Judgment Date
1989-08-01
Court Decision / Holding
Appeal dismissed; the notification dated 18 November 1986 bifurcating the cadre is ultra vires Articles 16(1) and 14 of the Constitution. The Patna High Court’s judgment quashing the bifurcation is affirmed, and the parties are to bear their own costs.
Final Disposition
Appeal dismissed; the bifurcation of the cadre is held ultra vires; the consolidated seniority and promotion rights must be preserved; costs allocated to respective parties.

Parties to the Case

Appellants / Petitioners

  • Jagdish Prasad Sinha and others

Respondents

  • Bhagwat Prasad and others

Legal Representation & Advocates

Counsels for Petitioners

  • • Tapas Ray
  • • D.P. Mukherjee

Counsels for Respondents

  • • M.K. Ramamurthi
  • • P.P. Singh
  • • A.N. Trehan
  • • Promod Swarup

Case Synopsis & Summary

This is a Civil Appeal under Article 136 of the Constitution challenging a 1986 notification that bifurcated the then single cadre of the Subordinate Education Service (Teaching Branch) into two separate streams—one for junior cadres and another for higher promotions—purportedly to provide quick promotional avenues. The Bihar Government had earlier published a joint seniority list on 20 February 1975 for teachers of the Boys’ School branch and Higher Secondary teachers. The joint gradation was challenged in the Patna High Court, which quashed various steps culminating in the bifurcation. The Supreme Court originally dismissed a Special Leave Petition against that ruling in 1981. The impugned Notification dated 18 November 1986 framed under the proviso to Article 309 of the Constitution bifurcated the cadre, arguing it was a proper consequence of the government’s rule‑making power. The High Court held that while rule‑making under the proviso to Article 309 is permissible, the bifurcation violates Articles 16(1) and 14 because it disrupts the established order and deprives employees of equal opportunities for promotion. The Supreme Court, agreeing with the High Court, held that the 18 November 1986 rules are ultra vires and dismissed the appeal, confirming that those who stood together in the integrated cadre must receive equal promotional opportunities and that the government cannot arbitrarily demote or disadvantage a continuous seniority order.

Provisions of Law Cited

Article 14 of the Constitution of IndiaArticle 16(1) of the Constitution of IndiaProviso to Article 309 of the Constitution of India

Legal Doctrines & Maxims

  • ultra vires
  • Mala fide (malafide)
  • equal opportunities in respect of avenues of promotion
  • one who ranks higher in the grade may not go down in due course of service

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the 1986 bifurcation violated Articles 14 and 16(1) by creating two separate seniority lists for a single cadre, thereby denying equal opportunity for promotion and undermining the continuity of an integrated service. They argued that the authority to frame rules under the proviso to Article 309 cannot be used to demote or disrupt the collective seniority of employees who stood together in the original cadre. The bifurcation was urged to be arbitrary and contrary to the constitutional guarantees of equality and uniformity of opportunity in public employment.

Contentions of Respondents

The respondents asserted that bifurcation was a legitimate measure to provide quick promotional avenues and align with administrative efficiency. They claimed that the government acted within its rule‑making power under the proviso to Article 309 and that the scheme was discussed in legislative forums and implementation committees. They argued that seniority could be reasonably reorganized to balance administrative needs with promotional prospects without infringing constitutional guarantees.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
K.S. Vora & Ors. v. State of Gujarat & Ors.Not stated in documentMentioned OnlyCited to illustrate the principle that courts have acknowledged employee interests and the authority of the State to frame rules under Article 309, but used only as a reference, not as a ruling in this case.
C.W.J.C. No. 2956 of 1975C.W.J.C. No. 2956 of 1975Mentioned OnlyReferenced to illustrate prior recognition of the need to respect the integrated cadre and provide opportunities without breaking the established order; not treated as a binding precedent overruling current issues.

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Extracted Judgment Text

Exact text extracted from official judgment records.

JAGDISH PARSAD SINHA & ORS. A _v._ BHAGWAT PRASAD & ORS. AUGUST 1, 1989 B [RANGANATH MISRA AND KULDIP SINGH, JJ.] _Constitution_ _of India_ _1950:_ _Articles_ _14_ _and 16-Service cadre--_ _Bifurcation_ _of-To provide quick promotional avenues to_ _those lower_ _down in the joint cadre action held ultra vires._ _Civil Services: Bihar Subordinate Education Service (Teaching_ C _Branch) Determination_ _of_ _Seniority Rules: Secondary Education_ _Service-Cadre_ _Bifurcation_ _of_ _for providing quick promotional_ _avenues_ _to_ _those beyond the eligible_ _zone-Action-Held_ _illegal and_ _ultra vires._ D On 20th February, 1975, the State Government published a joint seniority list of teachers of subordinate Education Service belonging to the Boys branch, and the Higher Secondary Teachers of the Sub· ordinate Educational Service. This joint vadation list was challenged before the High Court, but the writ petition was dismi""td as also an application for review of the dismissal. The Special Leave Petition E against the aforesaid decision was dismissed by this Court on 30th March, 1981. # F The aforesaid single cadre known as Secondary Education Service was difurcated by the State Government by its Notification dated 8th November 1986 under which the Subordinate Education Service (Teaching Branch) Determination of Seniority Rules, were framed under the proviso to Article 309 orthe Constitution. This bifurcation scheme was cballenged in the High Court. The stand of the Government was that the demand for such bifurcation was taken up in the legisblture iuld in terms of the decision or the G Implementation Committee or the BBiar Lqislative COUllCil, the new scheme for bifurcation bad to be implemented. The Hilb Court by its decision dated 27th November, 1987 qnashed the Notification dated 18th November, 1986 under which the bifnrcation was done. . H The High Court was of the view that though the authority of the state to frame rules in terms or the provioo to Article 309 was unquestionable, yet notice bad to be lllUa of the fld that dime who steod 658 J.P. SINHA "· BHAGWAT PRASAD [MISRA. J.[ 659 together and fell in line to proceed further in the seniority list have to he A provided all opportunities in respect of their avenues of promotion alike without breaking that order, so that one who ranks higher in the grade may not go down in due course of service, and held that the rules in the Notification dated 18th November, 1986 were _ultra vires_ Articles 16(1) and 14 of the Constitution. B Dismissing the Special Leave Petition to this Court, . HELD: The High Court, rightly found fault with the State Gov\.v.ernment action, and holding that the rules in the Notification dated 18th November, 1986 are _ultra vires_ Articles 16(1) and 14 of the Constitution. [660F] Counsel for the State was not able to dislodge tbe conclusion that bifurcation was the outcome of an attempt to provide quick promotional avenues to those who were lower down in the joint cadre and would not have come within the range of consideration for promotional benefits but by bifurcation became entitled to such benefits. [661C] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 656 of 1989. ###### c D ## From the Judgment and Order dated 27.11.1987 of the Patna High Court in C.W.J.C. No. 1254of 1987. E Tapas Ray and D.P. Mukharjee for the Appellants. M.K. Ramamurthi, P.P. Singh, A.N. Trehan and Promod Swarup for the Respondents. The Judgment of the Court was delivered by F RANGANATH MISRA, J. This appeal by special leave is direc ted against the decision of the Patna High Court dated 27. 11. 1987 quashing the notification dated 18.11.1986 under which in terms of the Subordinate Education Service (Teaching Branch) Determination of G --;. Seniority Rules framed under the proviso to Article 309 of the Constitution, the hitherto single cadre known as Secondary Education Service was bifurcated. On 20th of February, 1975, the State Government published a joint seniority list of teachers of Subordinate Education Service be- H longing to the Boys S<:hool branch and the Higher Secondary Teachers 660 SUPREME COURT REPORTS [1989] 3 S.C.R. A of the Subordinate Education Service. The joint gradation list was challenged before the High Court in Writ Petition No. 2956 of 1975. The High Court dismissed the writ petition as also an application for review of such dismissal. On 30th March, 1981, this Court dismissed the special leave petition carried against the decision of the High Court. When with the dismissal of the special leave petition the posiB tion was getting settled, the State Minister of Education came forward with a proposal that the cadre should be separated and the Higher Secondary teachers and Secondary teachers of the Upper Division of the Subordinate Education Service should have a separate gradation list. Ultimately by the impugned notification the bifurcation was done., _J,_ The Government took the stand that the demand to bifurcate was I #### c taken up in the Legislature and in terms of the decision taken by the Implementation Committee of the Bihar Legislative Council, the new 4scheme of bifurcate came to be done. The High Court considered the matter at great length and with care. The legal position as settled by several decisions of this Court D was noticed. Towards the end of the judgment the High Court has said: E F G "We have referred to the judgment of the Supreme Court in _K.S. Vora_ & _Ors._ v. _State of Gujarat_ & _Ors.,_ only to illustrate that the courts have at no time ignored the ~ interest of the employees and questioned the authority of the State to frame rules in terms of the proviso to Article 309 of the Constitution of India, but the courts have always taken notice of the fact that those who stood together and fell in line to proceed further have to be provided all opportunities in respect of their avenues o,f promotion alike without breaking that order; so that one who ranks higher ##### --i.' in the grade may not go down in due course of service. It is in this context that we have no hesitation in holding that rules in the notification dated 18.11.1986 are _ultra vires_ Articles 16( 1) and 14 of the Constitution. We do not propose to predicate into what is alleged to be the _ma/a fide_ of the respondent.State inasmuch as after the judgment of this Court in C:W.J.C. No. 2956 of )-· 1975, the Minister of State decided to find means to disintegrate the already integrated cadre or the Chairman of the Legislative Council, having no apparent role in the process of making rules in terms of proviso to Article 309 of the Constitution appeared and influenced the process. We ;;;;. .., ""': ### We have considered the matter fro~ different angles keeping the relevant aspects in view but have not been able to satisfy ourselves that the judgment of the High Court suffers from any infirmity to justify its vacation. - _X_ The appeal is accordingly dismissed but parties are left to bear their respective costs. N.V.K. Appeal dismissed. _I_ ;;. J.P. SINHA _v._ BHAGWAT PRASAD [MISRA, J.J 661 ""°'·· refrain from going into. this aspect, for we think, with our A conclusion as above, the upper division of the Subordinate Education Service shall continue to have the same respect as it got from the judgment of this Court in C.W.J.C. No. 2956 of 1975 and no one in the Government shall in future again attempt to deny to the members of the said service B their due rights for promotion to the selection grade and other higher posts." . In course of hearing of the matter, counsel for the State was not ~able to dislodge the conclusion that bifurcation was the outcome of an - attempt to provide quick promotional avenues .to those who were lower down in the joint cadre and would not. have come within the range of consideration for promotional benefits but by bifurcation became entitled to such benefits. The High Court, in our opinion, rightly found fault with such action. #### c D E