BRIJANAND OJHA Vs. BIHAR STATE HOUSING BOARD

JUDGEMENT

(1.) THE petitioner retired from service on 31.1.1993. At time of retirement he worked as Incharge Accountant in the Bihar State Housing Board and the monthly pay last drawn by him was Rs. 2450/ - which was fixed on the basis of two time bound promotions allowed to him vide office order no. 21, dated 22.2.1990 issued by the Secretary (on the direction of the Managing Director of the Board). The first time bound promotion was allowed to the petitioner w.e.f. 1.4.1981 and the second w.e.f. 6.7.1985. Later the time bound promotions granted to the petitioner were also approved by the Building Construction & Housing Department of the government but finally by an office order issued by the Dy. Secretary in the Government department under memo no. 764, dated 5.7.2000 the time bound promotions allowed to the petitioner were rescinded and all orders/letters by which the promotions were granted/ approved were cancelled. From the office order dated 5.7.2001 it appears that the decision was taken in consultation with the Finance Department that pointed out that because the petitioner had not passed the departmental Accounts examination, he did not fulfil eligibility criteria and he was not entitled to time bound promotions.

(2.) AS a consequence of this order the retiral and other dues of the petitioner would be fixed on the lower pay of Rs. 1850/ - and he may also face the prospect of recovery of the excess salary paid to him on the basis of the higher scales of pay from his retiral dues. A copy of the office order, dated 5.7.2000 is brought on record as Annexure -10 along with an amendment petition and is sought to be challenged in this case.

(3.) MR . V.N.Sinha, learned G.P. IX fairly brought to the notice of the court two circular letters containing the government decision that fully protects the time bound promotion allowed to the petitioner. He first invited my attention to letter no. 3/P. A. r. - 04 -2/89/4178, dated 12.8.1992 by which it was provided that the Clerks working in the different works departments of the government who were allowed the first time bound promotion prior to 1.9.1983 shall not be reverted from the promoted post on the ground that they had not appeared in the examination held by the Revenue Board and further that employees covered by this protection shall also be allowed the second time bound promotion without applying the condition of passing the examination. The relevant provision is contained in Clause (1) of the circular which is as follows: "Dinank 1.9.1983 Ke Purva Karya Vibhago Ke Jo Lipik Pronnati Pa Chuke Hai Unhe Ish Pronnat Pad is Maatra Ish Karan Pratayawartit Nahi Kiya Jayega Ke we Rajashwa Parshad Ki Priksha Main Uttrin Nahi Huai The. Chunki Unhe Pahli Pronnati, Jishke Liye Vibhagiya Priksha Pass Karna Aawashyak Hota Hai 1.9.1983 Ke Purva Hi Mil Chuki Hai. Atah Unki Aanya Pronnatiya Bhi Ish Chhot Ke Karan Naya Vihit Sharto Ke Pura Hone Ke Ishthiti Main Unhe Di Ja Sakti Hai."