SHYAM PAYRE SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing the order dated 30.11.99 as contained in Annexure -7, by which selection grade granted to the petitioner with effect from 1.3.1989 has been cancelled with retrospective effect.

(2.) CONTENTION of learned counsel for the petitioner is that petitioner was appointed as a Typist in River Villey Project Department, in the year 1961. The said department merged with the Irrigation department and petitioner became an employee of the Irrigation department. The procedure regulating the service condition of the employees of the aforesaid department became his service conditions also. Subsequently, he was promoted as Upper Division Clerk on 1.4.73 and Head Clerk on 1.4.82.

(3.) THE stand of learned counsel for the petition is that by Government circular as contained in Annexure -13 issued by the Finance Department it goes to show that in view of letter of the Finance Department being PAR -04 -2/89/4178 dated 12.8.98, by which exemption were granted to the assistant from passing the accounts examination which was being further clarified that the assistants who have been given selection grade prior to 1.9.83, same should not be disturbed on the ground of their not passing of the accounts examination. The said letter further clarified that if while they were granted first promotion they had not passed the accounts examination which was a must for getting that promotion in view of relaxation of the State Government, then in case they fulfil the other conditions they can be granted further promotion.