KAILASH BEHARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the petitioners have challenged the notification dated 31-12-1990 contained in Aiinexure-1 for quashing the same in so far as it relates to the petilioners and respondents 11 and 12 are concerned and has prayed for a direction that they be not disturbed from the present place of posting and they be contained on their post until the completion of their terms.

(2.) The first petitioner was promoted in May 1985 to the post of Assistant Engineer from the rank of Junior Engineer. After his promotion he was posted on deputation in the department of Education against a non-works post. He continued there from 1-5-1985 to 16-8-1988. The Education Department returned the services of the first petitioner and he was sent back to his parent department i.e. Road Construction Department vide notification dated 19-8-1988. He joined the Secretariat awaiting his posting and was not paid salary for nine months. He was then transferred and posted against works post in Road Sub-division II, Deoghar against a vacant post by notification dated 2-3-1989. He joined the said post on 7-3-1989 and since then he is continuing on that post. His grievance is that he had completed only one and half years on that post when he was asked to join the head quarter by the impugned order and respondent No. 11, has been posted in his place. His grievance is that the said transfer and posting only after one and half years of his posting was premature since be had not completed his full term in the works division and the same is violative of the department's notification and guide lines dated 3-5-1982.

(3.) Petitioner No. 2 was continuing against the non-works post since 1977 and he was given the works post in accordance with the notification dated 29-6-1989 issued by the Road Construction Department. He was posted in the Road Sub-division No. III, Darbhanga. He joined the post on 20-7-1989 at Darbhanga and is continuing on that post. His grievance is also the same as the one raised by the first petitioner and the contention is common that he had also not completed full term of three years against the works post and without completing his tenure be has been disturbed by Annexure-1, the impugned order, with a view to accommodate respondent No. 12 in his place. He has been asked to join the head quarter without being posted anywhere.