(1.) IN this writ petition, prayer is to quash the order issued vide memo no. 935 dated 5.6.2004 by the Director, Department of Science and Technology (Annexure -9), whereby and whereunder the promotion granted to the petitioner to the post of Foreman Instructor (Mechanical) in M.I.T., Muzaffarpur vide order no. 982 dated 17.4.1999 has been cancelled.
(2.) IN short, the relevant facts are that petitioner on being appointed as Instructor (Machinist) in M.I.T., Muzaffarpur joined on 2.6.1977. He was granted first time bound promotion vide office order dated 10.1.1988. Thereafter, the petitioner was provisionally promoted to the post of Foreman Instructor (Mechanical) vide letter no. 982 dated 17.4.1999 (Annexure -7) issued by the Director, Department of Science and Technology, Bihar, Patna in the pay scale of Rs. 1500 -2750/ -. Vide memo no. 2330 dated 29.12.1999 (Annexure -8) issued by the Principal of the College, petitioner was given U.G.C. pay scale of Foreman Instructor of Rs.2200 -4000/ - pursuant to the order of this Court passed in C.W.J.C. No. 7160. of 1991 and M.J.C. No. 1348 of 1996. One Mr. Satrughan Chaudhary being aggrieved with the provisional promotion of the petitioner moved this Court vide C.W.J.C. No. 8956 of 2002 in which petitioner was Respondent No. 5. The said writ petition was disposed of vide order dated 14.8.2002 and in compliance of the direction of this Court the Director, Science and Technology examined the case of the petitioner and found that he was wrongly granted provisional promotion and considering his promotion irregular cancelled the same vide impugned order, contained in Annexure -9.
(3.) MR . Shailendra Kumar Singh, J.C. to G.R IX with reference to counter affidavit has submitted that as per provision of All India Council for Technical Education, the post of Foreman was declared equivalent to that of Lecturer with qualification and also entitle for pay scale of Lecturer. Since the petitioner was not having the requisite qualification, he was not granted regular promotion and was given 1st time bound promotion on 10.1.1988 after completion of 10 years of service and after introduction of A.C.R Scheme the case of the petitioner, if eligible, shall be considered for second A.C.R Scheme (Promotion) after completion of 24 years of service. He further submitted that petitioner is Industrial Training Institute Certificate holder and cannot be promoted to the post of Foreman as the post is equivalent to the post of Lecturer. Petitioner was provisionally promoted to the post of Foreman (Mechanical) without having the approval of Departmental Promotion Committee as well as from the Bihar Public Service Commission which was essential because the said post was considered to be equivalent to the post of Lecturer. He further submitted that the Director, Science and Technology examined the case of the petitioner in the light of the direction of this Court passed in C.W.J.C. No. 8956 of 2002 and found that the petitioner was wrongly granted provisional promotion and reasoned order was passed on the representation of Satrughan Chaudhary in pursuance of the judgment passed in the aforementioned Writ Petition vide Departmental Memo No. 1713 dated 28.10.2004.