HIRA PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears on behalf of the petitioner. The State Counsel is present to assist this Court. 2

(2.) The petitioner was appointed as a Helper in the Work Charge Establishment, Water Resources Department. The petitioner was promoted on the post of Assistant Fitter on 01.10.1962, and promoted again on 1st May, 1969 as Shed man, and thereafter promoted as Shed Incharge on 1st July, 1973. By a decision dated 21.02.1980, the post of Shed Incharge was converted as Supervisor. The petitioner was regularized on the said post as Supervisor on 20.08.1981. The State Government reconsidered the decision to convert the post of Shed Incharge to Supervisor by letter no. 1091 dated 01.04.1983. Even before the reconsideration of the Government decision, the petitioner was reverted to the post of Shed Incharge on 07.03.1983. The crux of the matter lies in the fact, that despite the State Government's decision to abolish the post of Supervisor, the petitioner was granted promotion with effect from 01.01.1986 vide letter no. 6024/81 dated 31.01.1986 contained in Annexure -E to the counter affidavit filed, along with eight other persons.

(3.) By the impugned order as contained in Annexure -3 dated 06.01.1993, it is stated that 9 posts of Shed Incharge have been regularized whereas the tenth post of Supervisor has been abolished. In lieu of the decision taken by Annexure -3, the petitioner was asked to return Rs. 11,373.90 which he was paid in between the period 1986 till the date of passing the order.