BALKRISHNAPANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave arises from the order of Patna High Court made in C. W. J. C. No. 754/79 on 13-4-1979. The admitted facts are that the appellant was appointed as a Junior Statistical Supervisor in the Department of Statistics. When a temporary post of Sr. Statistical Assistant fell vacant in the Directorate of Special Employment and Planning (for short 'S. E. P.'), it would appear that on an application made by him and forwarded by the parent department, the appellant came to be appointed to the temporary post as Senior Statistical Assistant by order dated 12-7-1973 and he joined the post on 1-9-1973. It would appear that the post was made permanent on 1-1-1978. On 16-8-1977, when the gradation list of the Senior Statistical Assistants (for short, "S. S. As.") in the Directorate of S.E.P. was prepared, the name of the appellant was not shown therein. The appellant thereon made a representation dated 26-9-1977. By proceedings dated September 28, 1977, Arun Prasad Mandal, the fifth respondent herein came to be promoted initially as S. S. A. followed by further promotion as Senior Research Assistant (for short. "S. R. A."). The appellant was reverted to the parent Department by proceedings dated 23-2-1979. The appellant challenged the reversion and the High Court dismissed the writ petition as stated earlier. After reversion, he was promoted as S. S. A. in the parent department. These facts are not in dispute.

(2.) Shri L. R. Singh, the learned counsel appearing for the appellant, contended that since the order of appointment shows that he was appointed by selection, in other words, by consideration of comparative merits according to the procedure, his appointment must be deemed to be on regular basis in the Directorate of S. E. P. Though initially the post was temporary, once it was made permanent on 1-1-1978, he must be deemed to have been absorbed to the permanent post and thereby he is entitled to be considered for the post of promotion as a S. S.A. Instead of considering his case, the fifth respondent came to be promoted twice over looking the claim of the appellant for S. R. A.:and, therefore, the reversion is bad in law.

(3.) In the counter-affidavit dated 13-8-1979 filed by the State it was mentioned that the appellant came to be appointed as a S. S. A. to a temporary post on deputation:his lien as a Junior Statistical Supervisor in the parent department, namely, Statistical Department, continued to exist; on his reversion to the parent department he was promoted in his own right as S. S. A.:the fifth respondent has his initial appointment in the Directorate of S. E. P. and as he is a permanent incumbent to the post, he came to be promoted in his own right. When the post of S. S. A. fell vacant, he being the permanent incumbent of the department came to be promoted to the said post. Since the appellant was only deputationist, he cannot claim his right to promotion in the Directorate of S. E. P. In his own right he had his promotion as S. S. A in his parent department. Therefore, there is no illegality in the action taken by the Government. The High Court, therefore, was right in dismissing the writ petition.