BARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD both the parties.

(2.) PETITIONER was working in the post of Horticulture Inspector. He was accorded promotion to the post of Horticulture Officer/SHO by an order dated 14th October, 1999 on the recommendation of Promotion Committee. By the impugned Order dated 10th May, 2001, this promotion of the petitioner was cancelled. In the present writ petition, petitioner is challenging the validity of the said order dated 10th May, 2001.

(3.) THE next reason for cancellation of the promotion is that the petitioner did not have the minimum qualifying working period. It is true that on 4th/5th January, 2001, it was decided that Horticulture Inspector must serve as such for five years to become eligible to be promoted but the fact remains that the said decision dated 5th January, 2001 could not be applied when the petitioner was accorded the promotion on 14th October, 1999. Admittedly, prior to 14th October, 1999 in the decision contained in an order dated 14th May, 1976, it was provided that five years experience is required for a Horticulture Inspector to be promoted to the post of Horticulture Officer, in case, he is either a matriculate or an I.Sc. passed candidate. The said Circular made it absolutely clear that in the event, a candidate is a graduate in agriculture or is a graduate in any other subject but at the matriculation level had science subjects, he must have three years experience to be promoted from the post of Horticulture Inspector to the post of Horticulture Officer. That decision of the State was applicable to the petitioner and admittedly, the petitioner had three years experience as Horticulture Inspector. The petitioner is though a graduate in Arts, but he had all the four science subjects in his matriculation examination as would be evident from his marksheet issued by the Bihar School Examination Board. He appeared in Mathematics, Physics, Chemistry as well as in Biology.