DASHRATH LAL DEHARIA Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) Writ Petition No.3397 of 2005 is filed by petitioner - Dashrath Lal Deharia and Writ Petition No.3398 of 2005 is filed by petitioner - N.P. Rahangdale against the impugned orders of their reversion.

(2.) Since the facts and question of law that arise for consideration in both the cases are common, they are taken up for consideration together. For the sake of convenience, the facts as narrated in W.P.No.3397 of 2005 are taken into consideration.

(3.) The case of the petitioner is that he was initially appointed as Peon namely a Class-IV post with the respondent No.2. Thereafter, he was promoted on 1/2/2005 as Process Writer, which is also a Class-IV post. The respondents promoted him as Lower Division Clerk (LDC) on 30/1/1986. Thereafter, a Departmental Promotion Committee considered the case of the petitioner and recommended him for promotion as Upper Division Clerk (UDC). Thereafter, the respondent No.1 wrote a letter to the respondent No.2 directing him to take action against the employees who do not have the requisite educational qualifications to hold the post of Lower Division Clerk. The petitioner was served with a communication dtd. 10/2/2003 asking him to submit the documents with regard to his educational qualification. He submitted the same. It was found that he did not possess the requisite educational qualification to hold the post of Lower Division Clerk. The post of Lower Division Clerk called for a minimum qualification of Higher Secondary. The petitioner possessed the qualification of Matriculation. Therefore, the impugned order was passed reverting him to the Class-IV post. Hence, the instant petition is filed. 3. We have considered the pleadings.