SURENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of letter no. 8648(E) dated 17.11.2000, contained in Annexure 7, insofar as it relates to him, and also order for recovery of salary received by him on the promoted post.

(2.) ACCORDING to the case of the petitioner, he was initially appointed as Laboratory Assistant on 11.11.1970 in the vacant post of Shri Raj Kishore Prasad, L.A., till a permanent arrangement is made by the Superintending Engineer, Advance Planning Circle, P.W.D., Patna, vide office order contained in Annexure 1. It is claimed that the service of the petitioner as Laboratory Assistant was confirmed, vide order dated 9.12.1991 (Annexure 2) read with Annexure 2/1. The petitioner was granted first time bound promotion with effect from 1.4.1981, vide Annexure 5, and the second time bound promotion with effect from 12.11.1995 on provisional basis, vide Annexure 6. In the said letter, however, it was mentioned that in course of confirmation by the Finance Department, if it is found that the grant of time bound promotion is bad and on account of which ex -cess payment has been made, then excess amount shall be recovered from the petitioner. Later on 17.11.2000, vide impugned order, contained in Annexure 7, the order granting first time bound promotion has been cancelled as it was found to be irregular/illegal.

(3.) A counter affidavit has been filed on behalf of the Chief Engineer, Road Construction Department, Government of Bihar (respondent no. 4), in which it is admitted that the petitioner was granted first time bound promotion, vide Annexure 5, but later it was detected that the aforementioned promotion granted was not correct and contrary to the Finance Department Circular, bearing No. 1503 dated 27.3.1987, a photo copy whereof has been annexed as Annexure A.