RAM BACHAN TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Vishwanath Ram, learned counsel appearing for the petitioner and learned J.C. to Govt. Advocate No. 5.

(2.) THE petitioner seeks quashing of the office order dated 20.8.2004 (Annexure -1) issued by Respondent No. 2, Chief Engineer, Water Resources Department, whereby the promotion granted to the petitioner on the post of Head Sarang as back as on 2.3.1981 has been cancelled on the ground that no promotion other than time bound promotion is admissible to the employees of the work charged establishment and it has also been ordered to make recovery of the excess amount paid to him.

(3.) THEREAFTER by the impugned order dated 20.8.2004 the earlier order dated 1.11.2003 was cancelled and it was decided that the promotion granted to the petitioner on the post of Head Sarang was contrary to law as no promotion is permissible to a member of the work charged establishment, and further the date of time bound promotion was shifted from 2.3.1991 to 27.3.1987 and it was further ordered to recover the excess amount paid to him on account of grant of such wrong promotion.