GOPAL GOSHWAMI Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Sri Naresh Chandra Verma, learned counsel for the petitioner, Ms. Divya Verma, learned AC to Addl. Advocate General no.3 as well as Sri Ram Kinkar Chaubey, learned counsel, who has appeared on behalf of Respondent no.4/ Accountant General, Bihar, Patna.

(2.) The petitioner, who superannuated with effect from 31.07.2003, while posted as Senior Mechanic Grade-II, National Highway Planning Division, Patna, has approached this Court, invoking its writ jurisdiction under Article-226 of the Constitution of India, with a prayer to set aside an order contained in Memo No. 444 dated 14.05.2008 issued under the signature of the Chief Engineer (Mechanical), Road Construction Department, Bihar, Patna (Annexure-10 to the writ petition). By the said order, the promotion, which was granted to the petitioner as Senior Mechanic Grade-II long back in the year 1997, was cancelled.

(3.) As pleaded, the petitioner was initially appointed as Helper in Public Works Department on 01.05.1966. Thereafter, his service was regularized under permanent establishment on 16.04.1981. He was taken into permanent establishment.Subsequently, he was promoted as Junior Mechanic with effect from 01.10.1979 vide order dated 11.06. 1980(Annexure-4 to the writ petition). He was again promoted as Senior Mechanic Grade-II by the Chief Engineer( Mechanical), Road Construction Department vide order dated 28.05.1987( Annexure-5 to the writ petition). While functioning in the said capacity i.e. Senior Mechanic Grade-II, he superannuated with effect from 31.07.2003.