ANAND KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. R.N. Mukhopadhya, learned Counsel for the petitioners and Mr. V.N. Sinha, learned Government Pleader No. 9 for the respondents and considered the counter-affidavit filed on behalf of the State.

(2.) This writ application is directed against the orders as contained in Annexure 1 series issued vide Memo Nos. 3227 and 3212 dated 18-11-2000, respectively, whereby and whereunder both the petitioners have been reverted to their substantive post with retrospective effect.

(3.) It is submitted by learned Counsel for the petitioners that petitioner No. 1 was promoted to the post of Assistant Research Officer, pursuant to the decision of the State Government dated 9-9-1978, with effect from 31-10-1979 whereas petitioner No. 2 was promoted with effect from 6-9-1983 and they continued on their promotional post for more than 20 years and now they are being reverted back to their substantive post without any rhyme and reason arid that also with retrospective effect. Learned Counsel further submits that the orders impugned are wholly without jurisdiction and the authorities could not have reverted them back as they had acquired a substantive right on the post of Assistant Research Officer. In this connection, learned Counsel has placed reliance on the order passed by this Court as contained in Annexure 19 and submits that the instant case is squarely covered by the order passed by this Court as contained in Annexure 19.