SUSHIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A long drawn battle which originated from grant of promotion to the Petitioner, from the post of a night guard to that of a correspondence clerk, had earlier become a subject matter of challenge on the ground of discrimination, in CWJC No. 4584 of 1992 filed by one Laldeo Rai. It was the observation made by the Court in that writ application contained (Annexure-11) which compelled the Respondents to have a closer look at the order of promotion given to the Petitioner. Petitioner was issued a show cause as to how he came to be promoted from a Class IV post (night guard), working in a work charge establishment to a Class III post (correspondence clerk), in the regular establishment. One stand which was taken by the Petitioner against the show cause was that he had earned his promotion under the 25 per cent quota, which was available to Class IV employees, in terms of a policy decision contained in Annexure-16A. The Respondents not being convinced about the claim and actual state of affairs, issued the order of reversion contained in Annexure-16, which is dated 21.3.1997. This has been challenged in the present writ application. The earlier effort made by the Petitioner to seek stay of the said order was of no avail as the High Court way back on 22.9.1997 rejected the interlocutory application and refused to stay the reversion order. Since matter was admitted it is now being taken up for final hearing.

(2.) Stand of the senior Counsel for the Petitioner is that the benefit accrued to the Petitioner years ago, conferred by the Chief Engineer based on the opening given to Class IV employees under the 25 per cent quota. On a wrong assumption the reversion order has been effected. The Respondents are not correct in holding that the Petitioner appointed in the work charge establishment, even if brought in the regular establishment, was not entitled to any substantive promotion.

(3.) There is no dispute that there is no channel of promotion from a night guard to the post of a correspondence clerk, as one is a Class IV post and the other a Class III post. In fact, these posts were to be filled up by direct recruitment by the procedure laid down. But later on demand and agitation carried out by the employees, an opening was sought to be given by the State by limiting 25 per cent of the posts for meritorious candidates having requisite qualification, if they otherwise qualify in a limited examination, which was to be conducted for all the eligible candidates.