RABINDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. In this writ application the prayer of the petitioner reads as follows:-

(2.) In support of the aforementioned prayer learned counsel for the petitioner has submitted that the petitioner having been promoted on the post of Extension Educator under the order of the Addl. Director of Health Services dated 28.9.1985 after serving on the post of Basic Health Worker for the period over nine years could not have been reverted on his original post only on account of a subsequent Government decision dated 11.1.1993 especially when his such promotion on the post of Block Extension Educator was in complete conformity of the guidelines issued by the Govt. of India for filling up the post of Block Extension Educator. In this regard learned counsellor the petitioner has also relied on a judgment of the Division Bench in the case of Sheo Nath Prasad Vs. State of Bihar & Ors.,1971 PLJR 236as also an unreported judgment of this Court dated 25.8.2010 in C.W.J.C.No. 104/2008 (Ram Kuber Singh Vs. the State of Bihar & Ors.).

(3.) Learned counsel for the State, on the other hand, having filed the counter affidavit has explained that the petitioner's promotion on the post of Block Extension Educator was itself illegal, inasmuch as he was an employee of the Health Wing whereas the post of Block Extension Educator was a post of Family Planning Wing and the petitioner, therefore, being a member of a different cadre could not have been given promotion on the post of Block Extension Educator. He has also submitted that while taking such a decision for promotion of the petitioner Resolution of the Government of India was wrongly construed by the Additional Director of the Health Department and in any event such promotion given only to the petitioner in isolation merely on the recommendation of his immediate controlling district authorities was wholly unjustified. In this regard reliance has also been placed by him on a Division Bench judgment of this Court in the case of State of Bihar & ors. Vs. Md. Ashif & ors, 2003 2 PLJR 808.