BIRENDRA NATH TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This intra-court appeal arises from a judgment and order of the learned Single Judge dated 27.03.2015 passed in C.W.J.C. No. 584 of 2014 whereby the writ petition was dismissed and the claim of the petitioner for A.C.P by counting his past service rendered in the Bihar State Food and Civil Supplies Corporation which had been disallowed after its grant by the State Government on the absorption of the petitioner in the Food and Consumer Protection Department of the Government of Bihar was withdrawn which order of withdrawal was followed by an order of recovery.

(2.) Facts of the case leading to the impugned order briefly stated is that this petitioner was appointed on the post of Stenographer with the Bihar State Food and Civil Supplies Corporation on 23.11.1976. A process of appointment was initiated by the State Government in its Food and Consumer Protection Department and during which course a number of officers serving in the Corporation were posted in the different District Consumer Forums with appropriate directions to the District Magistrate(s) for appointing them against the post of Personal Assistant. An order to such effect bearing Memo No.2186 dated 04.04.1997 is enclosed at Annexure-2 to the writ petition.

(3.) The petitioner pursuant to the order of appointment gave his joining on the post of Personal Assistant, District Consumer Forum, East Champaran, Motihari on 08.04.1997. A formal order of appointment was issued by the District Magistrate, East Champaran bearing Memo No. 212 dated 07.06.1997 vide Annexure-4 to the writ petition. While serving in such capacity the petitioner superannuated on 31.05.2012. In between this period, the petitioner was granted first and second progression under the Assured Career Progression Scheme, 2003 by counting the past service rendered by the appellant/petitioner in the Corporation as well. It is after the petitioner superannuated that it transpired to the State Government that the appellant/petitioner was not entitled to count his services in the Corporation for the purpose of grant of progression and when an order cancelling the progression was passed vide memo No.878 dated 26.10.2012 by the District Magistrate, East Champaran impugned at Annexure-1 to the writ petition and which was followed by an order dated 08.02.2013 impugned at Annexure-11 whereby recovery orders were issued.