RAJNANDAN PRASAD RABIDAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) I have heard the parties and perused the record of this case.

(2.) The petitioner claims to have been appointed on the post of Correspondence Clerk in Water Resources Department and he joined as such on 06.08.1973. It is further claimed by the petitioner that vide Annexure-4 series which are office orders dated 08.05.1999, he was given three promotions with retrospective effect. By the first order, he was given Selection Grade, w.e.f., 06.08.1978. By the second order he was given promotion on the post of Head Clerk, w.e.f., 06.08.1980 and by the third order, he was given promotion on the post of Head Assistant in the old scale of 850-1360 /- and new scale of 1640 - 2900.00 . The promotion was given with effect from 06.08.1987. It is claimed on behalf of the petitioner that he was required to be given promotion from the dates disclosed in the orders but, since it was not given, an order was passed for granting promotion from the retrospective date after realising the mistake having been committed.

(3.) However, vide Annexure-5 dated 04.02.2000, which is the office order issued by the Chief Engineer, the aforesaid promotions were cancelled for the reasons that the petitioner could not pass account examination which was required for such promotions. The aforesaid order as contained in Annexure-5 was put to challenge by filing C.W.J.C. No. 2024 of 2000 which was disposed of in following terms :-