MOST.KRISHNA DEVI W/O LATE RAM NIWAS SINGH Vs. STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the State. The original petitioner has been deceased during the pendency of the writ petition on 13.9.2005 and was substituted by his legal heirs on 12.2.2009. The issue now for consideration is of the financial implication for the family of the deceased on the impugned order. The impugned order dated 27.3.1998 at Annexure -12 holds that the appointment and promotion of the deceased petitioner on the post of Correspondence Clerk on 12.3.1982 was irregular.

(2.) That he had not passed the Accounts examination and, therefore, the first time bound promotion given to him with effect from 1.4.1981 was contrary to law. Both the orders were cancelled with directions to recover all payments made in pursuance of the same to the petitioner.

(3.) THE petitioner was appointed in work charge establishment as a Gauge Reader on 1.7.1970. On 19.2.1981 the Respondents constituted a selection committee for considering work charge employees for absorption on the sanctioned vacant posts of Correspondence Clerks. On the recommendation of the Selection Committee, the petitioner was so absorbed as Correspondence Clerk on 6.3.1982 when he joined as such on 12.3.1982.