BHULAN KUMAR SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Manoj Kumar Manoj, learned counsel for the petitioner and Sri Parthasharthi, learned Govt. Advocate no.11.

(2.) The petitioner, invoking writ jurisdiction under Article 226 of the Constitution of India, has made a prayer for quashing of an order, contained in letter no.899 dated 16.09.2010 (Annexure-6 to the writ petition), whereby the Superintending Engineer, Road Construction Department, Road Circle, Saharsa took a decision to cancel first time bound promotion, which was granted to the petitioner on 11.01.1990. The said order was passed in respect of other seven persons also besides the petitioner. While passing the order, direction was also given for recovery of excess paid amount. The petitioner has also prayed for quashing of order, contained in Memo No.2598 dated 13.11.2009 ( Annexure-2/1 to the writ petition), whereby the Respondent no.4/ Superintending Engineer, Road Construction Department, Muzaffarpur, in the light of non-approval by the Divisional Commissioner, Muzaffarpur in respect of granting first time bound promotion cancelled the first time bound promotion. The petitioner at the same time has also made a prayer for quashing of Annexure-2 to the writ petition i.e. letter no. 1022 dated 30.03.2009 issued by the Divisional Commissioner, Muzaffarpur to grant approval of the first time bound promotion.

(3.) The case of the petitioner is that he was initially appointed as correspondence clerk in the year 1980. Thereafter, in view of earlier decision of the government vide letter no.944 dated 25.09.1999, he was given first time bound promotion in the scale of Rs. 1400-2300/- with effect from 11.01.1990. The case of the petitioner is that after grant of first time bound promotion, he was getting enhanced salary. He is having unblemished service record. However, suddenly in the year 2010, the Superintending Engineer has come out with a decision to cancel the first time bound promotion, which was granted long back with effect from the year 1990. Besides cancelling first time bound promotion, a direction was also issued to recover the excess paid amount.