KAMESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted. We have heard learned counsel on both sides.

(3.) Admittedly, the appellant was appointed as Vaccinator in a Smallpox Eradication Programme on 6/5/1975. The scheme was disbanded in 1985. Thereafter, a decision was taken on 14/11/1986 to retain 25 per cent of senior officers and to absorb the remaining 75 per cent in equivalent posts in regular cadres. In consequence, while awaiting his absorption, the appellant filed CWJC No. 2412 of 1990 for a direction to consider his case. Accordingly, the High court by order dated 22/1/1991 directed the Medical Officer to consider his case. A representation was made by the appellant to consider him for promotion as a clerk. Consequently, the District Medical Officer promoted him on 7/5/1991 as a clerk and he joined as such on 9/5/19911. The District Medical Officer had stated in the letter of appointment that his promotion would be subject to the confirmation by the Director-in- Chief.