BINOD MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the validity of the office order dated 19/3/2004 of the Chief Engineer, Water Resources Department, Dehri, whereby and whereunder his adjustment on the post of Typist Clerk in the regular establishment vide order contained in letter No. 870 dated 11/5/1988 by the then Chief Engineer, Water Resources Department, Purnea has been cancelled after almost 16 long years.

(2.) According to the Chief Engineer, the said order of adjustment of the petitioner from Class IV to Class III was irregular as per Department's letter No. 3875 dated 19/8/1995 and as such he passed the order in the light of the Department's letter No. 1172 dated 11/8/1998, and, however, directed that no recovery of the alleged excess amount drawn by him shall be made.

(3.) The case of the petitioner is that in the year 1978 about 4159 posts of Class IV and about 7535 posts in 3rd grace were created since creation of 56 Circles and 225 Divisions in the then Irrigation Department (now renamed as Water Resources Department). It is stated that advertisements were published in different leading newspapers for filling up the posts in December, 1978. But before finalisation of selection procedure, a policy decision was taken by the respondent-State to fill up those posts from among the employees of the Work Charged Establishment, who were appointed on or before 21/8/1975. The petitioner was initially appointed as Chainman in the Work Charged Establishment on 12/12/1973 by the then Executive Engineer, Flood Control Division, Purnea. The State Government, vide its letter dated 19/2/1981 (Annexure 2) directed all the Chief Engineers to fill up the above mentioned posts by forming a permanent Establishment Committee under his Chairmanship and consisting of the respective Superintending Engineer and the District Welfare Officer as its members from the employees of the Work Charged Establishment according to their seniority and eligibility. On 19/2/1981 a selection committee was constituted by the respondent-Chief Engineer and in terms of clause "Kha' of the aforementioned letter dated 19/2/1981 almost all the Work charged employees were appointed/adjusted against the posts created under the regular establishment by the concerned Chief Engineers.