CHHATHOO LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order contained in memo no. 192 dated 17.1.2001 of the Department of Industries, Government of Bihar, relieving the petitioner and others from their present post to enable them to submit their joining in the State of Jharkhand upon their allocation to that State. List of officers and the employees of the Industries Department allocated to the States of Bihar and Jharkhand is enclosed with the said order. The grievance of the petitioner is that though he was holding the post of Routine Clerk on the date of such allocation he has been described as Peon. It is said that the officers and employees have to be adjusted on equivalent posts on post -to - post basis upon their allocation to the States of Bihar or Jharkhand, as the case may be, as the petitioner held the post of Routine Clerk he cannot be allotted the post of Peon.

(2.) FROM the documents brought to the Court 'snotice it appears that the petitioner was appointed the post of Peon in the scale of Rs. 155 -190 as retrenched employee on 21.7.96. On 15.7.83 he was appointed on the post of Routine Clerk on ad hoc basis for a period of six months. On 25.1.84 the appointment was extended till further orders. Admittedly, he has been holding the post of Routine Clerk ever since. In the counter affidavit the respondents have taken the stand that the appointment on the post of Routine Clerk was only for a period of six months and though it was extended until further orders, the terms and conditions of the appointment remained the same. Since the substantive post held by the petitioner was that of a Peon cannot claim any right on the post of Routine Clerk.

(3.) WITH this modification in the impugned order, this writ petition is disposed of.