MANJU KUANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of the office order dated 20.8.2004 issued by respondent no. 2, Chief Engineer, Water Resources Department, Dehari (Rohtas), by which the promotion and the time bound promotion granted to the petitioner as far back as in the years 1983 and 1989, have been cancelled and recovery has been ordered.

(2.) THE original petitioner was appointed on 30.8.1973 as Work Sarkar in the scale of Rs. 220 -315 in the work charged establishment. By office order dated 5.3.1986 he was granted the first time bound promotion on completion of 10 years of service with effect from 30.8.1983. The service of the petitioner was regularised and he was brought into regular establishment with effect from 1.1.1988 and he was made permanent on the said post with effect from the said date, which was subsequently revised with effect from 24.10.1984. After the said regularisation, he was promoted on the sanctioned vacant post of Supervisor Grade II with effect from 14.3.1989 by the Chief Engineer. Thereafter by letters dated 17.5.2003 and 9.6.2003, show cause notice was issued to the petitioner stating that the time bound promotion as well as promotion granted to him to the post of Supervisor Grade -II were irregular and asked him to show cause as to why the same should not be cancelled. After receipt of the show cause, by the impugned order dated 20.8.2004 (Annexure - 1) both the first time bound promotion and the regular promotion on the post of Supervisor Grade -ll were cancelled and it was directed that the petitioner would be entitled to first time bound promotion with effect from 27.3.1987 instead of 30.8.1983 and his pay scales were also, accordingly revised on lower scales. It was further ordered to make recovery of the amounts paid to him in excess on account of grant of wrong promotion as well as wrong time bound promotion from the earlier date.

(3.) LEARNED counsel for the petitioner in support of his contention that the time bound promotion was rightly granted to him with effect from 30.8.1983 relies upon the decision of this court in the case of Braj Nandan Kumar Sinha and Others, vs. The State of Bihar and Ors. 1996(2) PLJR 231 and the case of Ram Chandra Pandey & Ors. vs. The State of Bihar & Ors. :1998(1) PLJR 862. In the said case this court has decided that employees of the work charged establishment are entitled to time bound promotion in terms with resolution dated 30.12.1981 on the same terms and conditions of service as provided to temporary Government employees and the respondents were directed to pay the petitioners and other similarly situated persons arrears of salary from the date they were granted time bound promotion i.e., with effect from 1.4.1981 in those cases.