KISHORI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are five petitioners in the present writ application. They have challenged the office order dated 26.9.2003 contained in annexure -1 by virtue of which 'first time bound ' promotion granted to these petitioners on the post of Assistant Godown Manager have been cancelled on the basis of objection raised by the Senior Accounts Officer of the Office of Accountant General, Bihar.

(2.) THE effect of the impugned order contained in annexure -1 is that the petitioners ' pay scale has been reduced from Rs. 1800 -3330/ - to Rs. 1640 -2900/ -. The respondents have further also issued direction for recovery of the payments made to employees based on 1st time bound promotion. Some basic facts are not in dispute that these petitioners alongwith large number of other persons were appointed on the post of Lower Division Clerk under Bihar State Food and Civil Supply Corporation Limited (hereinafter referred to as the Corporation). In the normal course the channel of promotion for the Lower Division Clerk under the Corporation is Upper Division Clerk, Assistant, Section Officer etc.

(3.) IN year, 1977 there were 660 sanctioned posts of Assistant Godown Managers but only 126 Assistant Godown Managers could be appointed till that year. Since the Corporation was growing and expanding its business across the State, the respondents decided to choose some persons from amongst the Lower Division Clerks and promote them as Assistant Godown Managers. A notification in this regard was issued on 26th May, 1977. This notification is annexure -5 to the writ application. The notification states that the following Lower Division Clerks will officiate as Assistant Godown Managers in the pay scale indicated therein from the date of their joining against the places of posting. Petitioners joined their place of posting and continued to work in the capacity of Assistant Godown Managers.