SITARAMMANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioners for quashing the order dated 9/1/1975 issued by the Assistant Development Commissioner (Headquarters) Ranchi by which these petitioners have been reverted from the post of selection grade to lower division clerks,

(2.) The relevant facts giving rise to the dispute in question may be stated in short. The petitioners were appointed in 1965-66 as lower division clerks in Ranchi Zila Parishad, The details of their appointments have been 8et out in para 5 of the writ application. Subsequently, they passed the final departmental examination in accounts in or before 1971. Pursuant to the passing of this examination and on due scrutiny of their eligibility and suitability, the petitioners were promoted to selection grade" as head assistant-cum-accountant in the pay scale of Rs. 160-406/- by office order dated 7/8/1972 as contained in memo No. 1069 issued by the respondent, Secretary, Zila Parishad, Ranchi (a copy of which is at Annexure '1' to the writ petition). But for the reasons that after the grant of promotion to the petitioners, some of the clerks who were ranking senior to the petitioners, had acquired the qualification for promotion by passing the final Accounts examination, these petitioners were reverted to their original post to accommodate those clerks on the promotional posts by the impugned order dated 9/1/1975 (Annexure 2). The order of reversion has been passed without affording any opportunity of hearing to the petitioners and, therefore, when they learnt about the same, some of them filed representation questioning the validity of such reversion. One of such representation has been filed as Annexure-3. It appears that on receipt of the representation, the Chairman of the Zila Parishad examined the matter for himself and referred the same to the State Government for necessary clarification since according to him the reversion was not in accordance with the law. The said communication dated 17/11/1975 has been filed as Annexure 4.

(3.) The State Government after examining the relevant statutory provisions and the service conditions applicable to the Government servants in relation to promotional matters, under its communication dated 14/7/1974. Annexure 5) cancelled the impugned order dated 9/1/1975 (Annexure 2) and. directed that the petitioners, who had been promoted in the selection grade will remain in that grade. Since in spite of the said orders and directions of the Government, the respondent Zila Parishad and its officers did not act on the same insisted on reversion of the petitioners, they filed a writ petition in this Court being CWJC No 339 of 1976 (R) But the same was allowed to be withdrawn by otder dated 3/2/1979 (Annexure -10) for non impleading of the clerks who were ranking senior to the petitioners and have been granted promotion at the cost of the petitioners with liberty to the petitioners to file a fresh writ application after impleading all the necessary parties. It is in the background of these facts that the present writ application has been filed. Though some of the private respondents had appeared through their advocate at earlier stage but have not chosen to contest the proceeding since there is no representation on their behalf.