JAGANNATH PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge of this writ Petitioner in this case is primarily against the order of reversion from the post of Assistant Electrical Engineer to that of Junior Engineer.

(2.) This case has a rather grizzled course and this Court has had occasion to consider it time and again as would appear from the following narration of facts:

(3.) After obtaining Diploma in Electrical Engineering in the year 1950, the Petitioner was appointed in the Electrical Department, Government of Bihar as Electrical Overseer some time on 1st June, 1951. Subsequently the services of the Petitioner were made permanent on the post of Electrical Overseer with effect from the date of his appointment. Shri Kailash Rai, Respondent No. 4, who is much junior to the Petitioner was appointed as Electrical Overseer in the Electrical Department some time on 14th January, 1955 and was made permanent as Electrical Overseer on 15th March, 1958. In this connection learned Counsel for the Petitioner has referred to a gradation list prepared by the Bihar State Electricity Board in respect of the permanent Electrical Overseers. In the said list the Petitioner was placed at serial No. 33 and Respondent No. 4 was placed at serial No. 75. A copy of the said gradation list has been made Annexure-1 to the writ petition. The Petitioner's case is that thereafter he was promoted to the post of Assistant Electrical Engineer (Sub-divisional Officer) and was posted as Assistant Controller of Stores, Madhubani. It may be mentioned here that during the period between December, 1969 and 31st May, 1974 the Petitioner had to remain on leave due to his illness. The Petitioner has, however, asserted that after obtaining medical certificate of fitness from Civil Surgeon, Muzaffarpur, he joined his duty as Assistant Electrical Engineer (S.D.O.) and was posted as Assistant Controller of Stores, Madhubani. Before the said promotion of the Petitioner on the post of Assistant Controller of Stores could become effective, it was postponed by an order dated 8th June, 1974 and ultimately by an order dated 21st June, 1974 it was cancelled. Against such order of cancellation of promotion the Petitioner filed a writ petition before this Court which was numbered as C.W.J.C. No. 986 of 1974 which was dismissed by an order dated 29th July, 1974. Thereafter the Petitioner had to appear before the Medical Board which certified that the Petitioner had recovered from illness and found him fit to resume his duties.