Bihar Administrative Service Association through its General Secretary Sri Anil Kumar and Shashank Shekhar Sinha V. Union of India through the Secretary, Department of Personnel and Training, Govt. of India and Union Public Service Commission (UPSC) through its Secretary and The Chairman, Union Public Service Commission and The State of Bihar through its Chief Secretary and The Principal Secretary, General Administration Department, Govt. of Bihar and Bihar Public Service Commission (BPSC) through its Secretary and The Chairman, Bihar Public Service Commission (BPSC)

CWJC/5700/2022

AI Insights

The Bihar Administrative Service Association and an individual petitioner filed a writ petition seeking a mandamus to compel the respondents to fill 71 vacant posts in the IAS cadre by promoting eligible members from the Bihar Administrative Service Association (BASA) as per the Indian Administrative Service (Recruitment) Rules, 1954. The petition also requested the establishment of a continuous mechanism to fill these posts regularly. The respondents, including the State of Bihar and UPSC, responded that the proposals for the vacancies had already been submitted to UPSC, and steps were being taken to expedite the process.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 693371 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 06-12-2023
• Assessment Year: misc
• Laws Referred To: Indian Administrative Service (Recruitment) Rules, 1954
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: KANAK VERMA; SHEO PRASAD; KAUSHAL JHA; AMISH KUMAR; RAJAN PRAKASH; SANJAY PANDEY; NISHANT JHA
• Assessee Lawyers: ABHAY SINGH; BARUN SINGH
• Keywords: Mandamus; Promotion; Service rules; Vacant posts; Indian Administrative Service; Bihar Administrative Service Association
• Section: 9(1); 9(1); 9(1); 8(1)

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5700 of 2022 ====================================================== 1. Bihar Administrative Service Association through its General Secretary Sri Anil Kumar aged about56 Years, Male Son of Late Raja Ram Singh, having its Office at BASA Bhawan, North of Income tax Golamber, J.L. Nehru Marg, Patna. 2. Shashank Shekhar Sinha Son of Late Hari Narayan Prasad Gyan Bhawan, West Anandpuri, Boring Canal Road, Patna. ... ... Petitioner/s Versus 1. Union of India through the Secretary, Department of Personnel and Training, Govt. of India, New Delhi. 2. Union Public Service Commission (UPSC) through its Secretary, Dhaulpur House, New Delhi. 3. The Chairman, Union Public Service Commission, Dhaulpur House, New Delhi. 4. The State of Bihar through its Chief Secretary, Old Secretariat, Patna. 5. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna. 6. Bihar Public Service Commission (BPSC) through its Secretary at BPSC Bhawan, J.L. Nehru Marg, Patna-1. 7. The Chairman, Bihar Public Service Commission (BPSC), BPSC Bhawan, J.L. Nehru Marg, Patna-1. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhay Shankar Singh, Adv. Mr.Barun Kumar Singh, Adv. For the Union of India : Mrs.Kanak Verma, C.G.C. For the State : Mr.Sheo Shankar Prasad, SC-8 For the U.P.S.C. : Mr.Kaushal Kumar Jha, Sr.Adv. Mr.Amish Kumar, Adv. Mr.Rajan Prakash, Adv. For the B.P.S.C. : Mr.Sanjay Pandey, Adv. Mr.Nishant Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 2 06-12-2023 1. The present writ petition has been filed seeking the following relief(s):- “A). For issuance of a writ in the nature of Patna High Court CWJC No.5700 of 2022(2) dt.06-12-2023 2/3 MANDAMUS or any other appropriate writ/s, order/s, direction/s commanding the Respondents to fill up the 71 vacant posts against 93 sanctioned posts of Indian Administrative Service (for short \"the IAS\") cadre forthwith by promotion from amongst the substantive members of State Civil Service / Bihar Administrative Service Association (BASA); asper Rule 8(1) read with Rule 9(1) of the Indian Administrative Service (Recruitment) Rules, 1954 and further directing the Respondent Authorities to frame a proper and effective continuous mechanism in order to fill up the sanctioned post of IAS cadre from amongst the eligible members of BASA; which are lying vacant from time to time on regular basis as per the Service Rules, 1954 and further be pleased to direct the respondents to prepare an ad-hoc list of eligible BASA officers to be used by the Selection Committee for promotion to the Indian Administrative Service cadre every year.” 2. At the outset, it has been pointed out by the learned counsel, appearing for the respondent-State, by referring to the supplementary counter affidavit filed in the present case that the proposal against the vacancies determined for promotion to the cadre of Indian Administrative Service for the year 2020, 2021 and 2022 have already been sent to the Union Public Service Commission for constituting the Select List as early as possible, Patna High Court CWJC No.5700 of 2022(2) dt.06-12-2023 3/3 hence it is submitted that appropriate steps will be taken to expedite the matter. It is directed accordingly. 3. Accordingly, the present writ petition stands disposed off. sonal/- (Mohit Kumar Shah, J) U "