AWADHESH KUMAR UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER Being aggrieved by order dated 26th September, 2003 in C.W.J.C. No. 7424 of 2003 [reported in 2004 (1) PLJR 194] the petitioner -appellant has filed the present Letters Patent Appeal.

(2.) THE petitioner -appellant had filed the writ application for quashing the order dated 24.7.2003 passed by the Bihar Intermediate Education Council (hereinafter to be referred to the as' the Council') whereby the earlier order dated 21.6.1990 promoting him as Statistical Officer with effect from 1.6.1990 has been cancelled and he was reverted to the original post of Assistant.

(3.) CONTENTION of petitioner -appellant 's counsel that once the petitioner -appeliant had been promoted he cannot be reverted to the post of Assistant on the principle of Promissory estoppel was also not entertained as the Court found that the petitioner -appellant entered into service of the Council as a daily wage employee, thereafter absorbed as Assistant and subsequently promoted as Statistical/Senior Statistical Officer without undergoing any selection process whatsoever.