NASIR HADI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for quashing the order contained in memo No. 980 dated 21st September, 1992, (Annexure-1) by which the services of the petitioner have been reverted to his parent cadre in K. P. Jayaswal Research Institute, Patna.

(2.) The basic facts are not in dispute. In accordance with the recruitment rules, the petitioner was appointed on the post of photographer in K. P. Jayaswal Research Institute, Patna, by the office order dated 17th July, 1973, as contained in Annexure 'A' to the counter-affidavit. Thereafter on 10-3-1984 the petitioner was promoted to the post of technical assistant in the said institute. The Government thereafter posted the petitioner as a photographer in the State Council of Educational Research and Training. Bihar, Patna, on deputation where he joined on 1-3.1985. Subsequently on setting up of the State Institute of Educational Technology in the year 1985, the petitioner was selected for the post of Camera-man as per Government Notification No. 289 (C), dated 25-6-1985 and was transferred on deputation on that post under Government Notification No. 618, dated 14-8-1987 on the following terms and conditions : (A) This deputation is being made in addition to his own duty. (B) This deputation is being made in his own pay scale and no additional monetary benefit will be provided (C) No claim for adjustment or appointment on the post will be acceptable.

(3.) Subsequently for some administrative reasons, the services of the petitioner and other similarly situated persons were reverted to their parent'cadre in K. P. Jayaswal Research Institute, Patna, Vide impugned Notification No. 980, dated 21-9-1992.