ASHARFI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IN this writ petition, petitioner is aggrieved by the office order dated 17.8.2004, whereby and whereunder his upgradation/promotion on the post of Mason Assistant in the pay scale of Rs. 165 - 204/ - by order dated 29th May, 1973 (Annexure 2) has been sought to be cancelled and recovery of the alleged excess payment has been sought to be made.

(3.) HOWEVER , it is contended by the learned counsel for the State that the order of cancellation has been passed on the ground that there was no provision for upgradation/promotion on the higher grade of the work charge employee. In this regard, he referred to the Government decision, contained in Annexure -G to the counter affidavit filed on behalf of the State.