YADUNATH VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, in this writ application, has prayed for quashing of the order, contained in Memo No. 6875 dated 21. 11. 1995 (Annexure 1), issued by the Director, Animal husbandry, Government of Bihar (respondent no. 3), by which his claims for promotion in the Senior Selection Grade and super Time Scale with effect from 1. 4. 1981 and 1. 5. 1989 respectively have been rejected and the order, contained in Memo no. 7222 dated 7. 12. 1995 (Annexure 2 ). whereby respondent no. 3 has cancelled the orders dated 30. 5. 1985 and 9. 12. 1991 giving promotion to the petitioner in the senior Selection Grade with effect from 1. 4. 1981 and in the Super Time Scale with effect from 1. 5. 1989 and, further, that he would be entitled for first time bound promotion with effect from 9. 8. 1982 and second time bound promotion with effect from 9. 8. 1987 and consequently, the alleged excess payment drawn by virtue of the earlier promotions has been sought to be adjusted from his pensionary benefits.

(2.) THE short relevant facts of the case are that the petitioner was appointed as lower Division Clerk (L. D. C.) in the Animal husbandry Central Range, Patna on 2. 9. 1956 and was promoted as Upper division Clerk (U. D. C.) (Accountant) in the same office in March, 1962. On 20. 7. 1971 the seniority list of U. D. C. and above was published in which the petitioner was placed at serial no. 56. In the Year 1980 the cadre of L. D. C. and U. D. C. were merged and was called as "assistants". The petitioner passed the Accounts Examination on 8. 7. 1982 as per the provision for promotion in upper Divison provided in rule 157 of the Bihar Board's Miscellaneous Rules, 1958 (in short 'the Rules' ). In April, 1985 the rules were amended to the effect that nobody shall be entitled for Junior/senior selection Grade unless finally passed the accounts Examination.

(3.) IN May, 1985 (Annexure 7) the petitioner was given Senior Selection Grade with effect from 1. 4. 1981. Later, he was reverted to a lower post of Junior Selection grade, the validity of which was challenged in this Court in C. W. J. C. No. 3368 of 1987. By virtue of the interim order for maintenance of status quo, the petitioner continued in the Senior Selection Grade and later on 1. 5. 1989 was promoted in Super time Scale of Rs. 1500- 2750/ -. During the pendency of the said writ petition, the director, Animal Husbandry, Bihar, passed a general order cancelling all promotions, the validity of which was also challenged in the said writ petition.