RAJBANS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner who has joined the services with Bihar State Tribal Development Corporation, Ranchi was transferred to Bihar State Scheduled Caste Co -operative Development Corporation Limited (for short 'the Co -operative Corporation '). The case of the petitioner is that he was absorbed in the said Corporation and thereafteron 21.11.1986 he was given promotion as Assistant Engineer which was made effective from 8.6.1987, According to the petitioner after sometime it was found that the said order issued in favour of the petitioner suffers with a technical defect therefore, the very same Co -operative Corporation vide its order no.81 dated 12.5.2000 issued by the then Administrator issued yet another order saying that the earlier order dated 30.12.1986 stood modified and the petitioner is given promotion with effect from 8.6.1987. According to the petitioner in light of the first order which was rectified by order dated12.5.2000 the petitioner 'spromotion for all practical purposes was made effective from 8.6.1987. The petitioner 'sfurther case is that vide order No. 180 dated 10.4.2002 issued by the Co -operative Corporation without issuing any notice to the petitioner or affording him any opportunity of hearing the present Administrator recalled the order dated21.11.1986 reverted the petitioner from the office of Assistant Engineer to Junior Engineer and then further directed that the petitioner 's services be referred back/returned back to the Welfare Department, Government of Bihar. According to the petitioner whether the petitioner could be repatriated to the Welfare Department or not would be a second issue but in any case the respondent Co -operative Corporation could not nuliify the effect of the promotion which was eartier given and was later on rectified and that too by the officer of same grade. It is further submitted that by order No. 183 dated20th April, 2002 passed by the Cooperative Corporation the order dated 10.4.2002 was modified and petitioner has been relieved to report to Jharkhand State Scheduled Tribes Co -operative Development Corporation, Ranchi. According to the petitioner all these orders are illegal because neither the petitioner 'spromotion could be transferred to any other Corporation or Department as he was absorbed in the services with the Co -operative Corporation. His submission is that if because of the dying condition of the respondent Corporation the petitioner is required to be sent to some other Corporation or Government in accordance with the policy of the State Government then the petitioner 'sservices are to be transferred showing him to be an Assistant Engineer.

(3.) FROM this letter of the State Government the issue would stand clinched that notification no. 526 dated9.2.1989 would not apply to the cases of promotion and if that be so the respondents no. 2 and 3 vide their order no. 180 dated 10.4.2002 could not withdraw the effect of the promotion earlier given to the petitioner and the order of rectification under which the promotion was made effective with effect from 8.6.1987.