DINESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the State. An order of this Court in L.P.A. No. 448 of 2005 and analogous cases holding that promotion of Basic Health Workers from class- IV post to class-III post of clerk was not consonance with law led to an administrative order dated 18.10.2005 by the Director General, Health Services, Government of Bihar, Patna, to examine all such cases of promotion and take appropriate action in accordance with law.

(2.) In pursuance thereto, the respondents passed an order on 31.03.2006 that the promotion of the appellants to class-III post was not in accordance with law and reverted them to class IV post after 27 years of such promotion.

(3.) On challenge by the appellants the judgment under appeal held that procedures required their cases to be considered for promotion by the Establishment Committee which had not been followed and a pick and choose method was adopted for grant of promotions.