PURUSHOTTAM MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) The order, as contained in Annexure-18, is under challenge, whereby and whereunder, the petitioner third time has been reverted to his substantive post of basic health worker.

(3.) It appears that the petitioner was substantially appointed on the post of basic health worker under the respondents in the year 1980 and thereafter by virtue of the order dated 18-12-1985, the petitioner was promoted to the post of clerk in the pay-scale of Rs. 580-860. After issuance of the order of promotion, the petitioner was reverted back to his substantive post with effect from 15-6-1986. The petitioner challenged the order of reversion before the State Administrative Tribunal and the State Administrative Tribunal vide its order, as contained in Annexure-4, directed the petitioner to file a representation before the authority and the authorities were directed to consider the same. Pursuant to which the representation of the petitioner was considered and the authorities reinstated the petitioner on the post of clerk by virtue of the order, as contained in Annexure-7 dated 3-6-1998 and immediately after issuance of order of reinstatement of the petitioner, as contained in Annexure-7, an order of reversion was again issued by the respondents, as contained, in Annexure-8 dated 17-6-1998 within a period of fortnight from the date of reinstatement of the petitioner and also to realise the excess amount paid to the petitioner on the post of clerk. The petitioner thereafter challenged the notification, as contained in Annexure-8, in CWJC No. 5643 of 1998, which was finally disposed of after hearing the parties vide order, as contained in Annexure-10, and the order of reversion was set aside and the petitioner was reinstated on the post of clerk. However, a liberty was given to the respondents to proceed in the matter in accordance with law after due notice to the petitioner. After passing of the order, as contained in Annexure-10 dated 13-9-2000, the respondent authorities have issued the notification, as contained in Annexure-18 dated 30th December, 2002, again reverting back the petitioner to the post of basic health worker from the post of clerk.