RAM BALAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS writ application is directed against order dated 4.6.1999 passed by respondent no. 4, as contained in Annexure 1, vide memo no. 722, whereby and whereunder the promotion granted to the petitioner has been cancelled and the petitioner has been reverted back to his substantive post of peon in Sundari Ramautar High School, Bariayarpur in the district of Sitamarhi.

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that the cetitioner was promoted to the post of clerk -cum -typist after following the procedures laid down in law and since the petitioner was eligible he was promoted as clerk -cum -typist from Class IV employee, which was permissible in law. It is further submitted that since only one post had fallen vacant and the law permitted the authority to promote Class IV employees to the post of Class III to the extent of 20% of the vacancies, no illegality, whatsoever, was committed in promoting the petitioner to the post of clerk -cum -typist. It is also submitted that the District Education Officer was the competent authority to promote the petitioner on Class III post.