VIJAY CHANDRA THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the Petitioners and the counsel appearing for the State.

(2.) Petitioners have prayed for quashing of the orders contained in letters dated 18.11.2002 (Annexure-12 series) issued under the signature of Deputy Secretary, Department of Water Resources Department, Government of Bihar, Patna, reverting Petitioners from the post of Assistant Research Officer to the post of Research Assistants, after cancelling their regularization on the post of Assistant Research Officer vide order contained in Memo No. 5077 dated 21.5.1988(Annexure-6). Further prayer of the Petitioners is to reinstate their pay scale which has been reduced and to make payment of arrears of salary and restore their designation as well as pay scales on the post of Assistant Research Officers.

(3.) Petitioners were initially appointed on the post of Research Assistants in research cadre on 3.12.1974. Subsequently the post of Research Assistant of Research Cadre was re-designated as Assistant Research Officer vide order dated 9.9.1978. The Petitioners were regularized on the post of Research Assistant in the regular establishment vide order dated 21.5.1988. Petitioners were also given time bound promotion on 25.9.1989. Final gradation list of Research Assistants re-designated as Assistants Research Officer was published vide memo No. 1197 dated 20.8.1998 for giving them promotion on the next higher posts of Research Officers in which the name of the Petitioners were left out. They represented for including their names in the gradation list and also to consider their claim for promotion on the post of Research Officers. Since it was not done, they filed CWJC No. 8189 of 1998 for a direction to the Respondents to consider their claim. The writ application was disposed of vide order dated 25.1.1999 directing the Respondents that in case sanctioned posts of Research Officer are still vacant, names of eligible candidates, including Petitioners be considered for promotion within a period of four weeks from the date of the passing of the order. Despite the order passed by the High Court, Petitioners claim were not considered by the authorities, instead vide letter dated 20.10.2001 a show cause notice was issued to the Petitioners and others like Kashi Nath Mishra, Ratan Kumar and Kumar Kant Lal, as to why they should not be reverted back to the post of Research Assistant..