AWADHESH KUMAR UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 24.7.2003 (Annexure -19) whereby the order dated 21.6.1990 (Annexure -1) promoting the petitioner as Statistical Officer with effect from 1.6.1990 has been cancelled and the petitioner reverted to the original post of Assistant.

(2.) FACTS giving rise to the present application are that Bihar Intermediate Education Council, hereinafter referred to as the Council, engaged the petitioner on daily wages on 21.1.1983. While he was so engaged, he obtained Diploma in Computer Application and Certificate in Computer Programming. By order dated 1.6.1985, he was appointed as Assistant in the Council. It is the stand of the petitioner that the Council felt the necessity of Statistical Officer, hence, created two posts of Senior Statistical Officer and empowered the Chairman of the Council to take appropriate steps for filling up the said posts. In view of appoint the aforesaid, by order dated 21.6.1990 (Annexure -1), petitioner was provisionally promoted as Statistical Officer w.e.f. 1.6.1990 in anticipation of approval of the State Government. The order further indicated that the post of Statistical Officer is a post requiring technical qualification and on account of promotion to that post petitioner shall not be entitled for promotion in the general cadre. Later on, by order dated14.9.1994 (Annexure -3), petitioner was admitted to the scale of pay of Rs. 2,200 -4,000/ - w.e.f. 1.6.1990, i.e. from the date of his promotion. Petitioner 'sassertion is that in the meeting of the Council held on 30.11.1994, the Council decided to post the petitioner in the same scale of pay, as Senior Statistical Officer and accordingly by order dated 1.6.1994, he was posted as Senior Statistical ' Officer. According to the petitioner, the scale of pay of the Senior Statistical Officer at the relevant time, was Rs. 3,000/ - Rs. 4,500/ - and when it was not given to him, he filed C.W.J.C. No. 11853 of 1996 (Awadhesh Kumar Upadhayay vs. The State of Bihar & Ors.) before this court, inter alia, praying for a direction to the respondents to pay him the salary of the post of Senior Statistical Officer from 1.6.1994, the date from which he was promoted as such. During the pendency of the writ application by order dated 16.5.1997 (Annexure -4), petitioner 'ssalary was fixed at the basic pay of Rs. 3,000/ - in the scale of pay of Rs. 3,000/ - 4,500/ - w.e.f.1.6.1994. However, when the matter was taken up on 12.2.1998, a plea was taken by the respondents that the petitioner was granted promotion wrongly and when the matter came to the notice of the Council, the order of fixation of salary was stayed. It was further pointed out to the court that the entire matter with regard to grant of promotion is under consideration of the Establishment Committee of the Council and final decision in this regard will be taken within a reasonable time. This Court, taking note of the aforesaid facts, by order dated 12.2.1998 (Annexure -5), disposed of the writ application with a direction to the respondents to take final decision.

(3.) IT is the stand of the petitioner that request of the Council was considered by the State Government and by letter dated Ist of March, 2002 (Annexure -10), it communicated its decision that the proposal of the Council for creation of one post of Senior Statistical Officer has been approved w.e.f. 1.6.1990 and in the said letter, it has been further noted that the said post is being held by the petitioner since 1.6.1990. Further, the Director of Secondary Education, by letter dated 18.6.2002 (Annexure11), sought information from the Council for creation of the second post of the Senior Statistical Officer.