(1.) This writ petition has been preferred with the prayer to quash that part of the order dated 20.5.1997 (Annexure-1), whereby his promotion in the Work-charged Establishment of the Water Resources Development Department, Government of Bihar, from the date of promotion(s) with the consequential promotion has been cancelled with the direction to recover the excess payment made to the employee occasioned by the promotion(s). The Respondents have placed on record their counter affidavit and have supported the impugned action.
(2.) Babu Narain Thakur, the original Petitioner and the employee, died during the pendency of the present proceeding on 31.10.2006, and has been substituted by his heirs and legal representatives including his widow who are the present Petitioners.
(3.) According to the writ petition, the original Petitioner was initially appointed in a work-charged establishment of the Bihar Government way back in the year 1959, on the post of Assistant Fitter. He was promoted to the post of Fitter Gr.-I with effect from 1.5.1964. He felt aggrieved by the position that Rajeshwar Prasad Singh and others, similarly circumstanced employees and working as a Fitter Gr.-I, though junior to the Petitioner, were promoted to the next higher post of Supervisor with effect from 1.1.1971, to the exclusion of the Petitioner. He also felt aggrieved by another development, namely, Jagdish Prasad Yadav was promoted to the post of Supervisor Gr.-ll with effect from 22.8.1968. He challenged this state of affairs by preferring C.W.J.C. No. 304 of 1982, which, according to the Petitioners, was disposed of with the direction to the appropriate authorities to constitute a Selection Committee and consider the Petitioner's case for promotion. Copy of this order is not on record. In view of the order disposing of the writ petition, the employee filed a representation dated 17.5.1988 (Annexure-4). The intervening developments and matters of detail need not be recapitulated. The Petitioner superannuated from the services of Bihar Government while functioning as Fitter Gr.-I, with effect from 30.6.1995.