RAM KUMAR SINGH Vs. BIHAR STATE

JUDGEMENT

(1.) HEARD Mr. Siya Ram Shahi, earned Counsel appearing in support of this writ petition and Mr. Shyama Prasad Mukherjee, learned Senior Counsel appearing for the respondent-Corporation.

(2.) THE petitioner seeks to challenge an office order dated 17.1.2002 (Annexure-13) issued by the Administrator of the Bihar State Scheduled Caste Co-operative Development Corporation Ltd. By the impugned order two earlier orders are recalled; one of the two recalled orders is dated 25.2.1999 (Annexure 9-A) issued by the Secretary of the Corporation by which the services of the petitioner were regularized as Accounts Assistant in the Engineering Cell of the Corporation, retrospectively with effect from 6.2.1985. THE other recalled order is dated 6.4.1999 (Annexure-10) issued by the Administrator, then in Office by which the petitioner was given promotion as Accountant and was posted in the Engineering Cell, South Bihar Division, Ranchi. As a result of the recall of these two orders, the petitioner reverts back to his earlier position of Accounts clerk in the work-charged establishment.

(3.) IT may be noted here that earlier to this on 9.2.1981 the State Government had issued a notification under Section 66-B of the Bihar Co-operative Societies Act, 1935 constituting a recruitment committee and laying down the mode of recruitment of personnel in the State level Co-operative Societies. IT is thus evident that the order, dated 17.11.1990 regularizing the petitioner in service and giving him promotion as Accountant was issued by the Corporation in complete disregard of the notification, dated 9.2.1989 and in contravention of the provision of Section 66-B of the Act.