ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole petitioner in this writ petition prays for an appropriate writ or diretion for a declaration that interference by the then Executive Engineer, Mechanical Division, Hazaribagh, with the cadre of Junior Accounts clerk held by the petitioner is arbitrary, bad for lack of jurisdiction, and wholly unauthorised, and accordingly it be declared that the petitioner continues to hold the post in the cadre of Junior Accounts Clerk and as such he is entitled for salary ever since 1.1.93. The petitioner had approached this Court earlier also in writ jurisdiction as well as in contempt proceeding, but obviously without success.

(2.) ACCORDING to the petitioner, he was appointed as a Pump Attendant in the Machanical Division of the Public Health Engineering Department (PHED, for short), as a class IV employee on 20.8.74. He was thereafter promoted to the next higher post of Rig Man being a class III post, on 12.2.84. The seniority list of class III employees was published on 22.8.95, no objection having been raised, the same attained finality. By order dated 13.12.88, the petitioner was given an equivalent post of Junior Accounts Clerk, being another post of just the same level and carrying just the same pay scale in the same department under orders of the Superintending Engineer, Mechanical Circle, Ranchi. The Accounts Section was also under the Superintending Engineer. It was a precisely equivalent post, but surely involved change of discipline and cadre. The petitioner further states that the said order dated 13.12.88, was approved by the Regional Chief Engineer, PHED, Bihar, Ranchi, by his order dated 21.1.91 (Annexure -A). The Executive Engineer, Mechanical Division, by his order dated 11.11.92 interfered with the said order dated 13.12.88, read with the order dated 21.1.91 (Annexure -A), and ordered that the petitioner cannot continue on the Accounts side and stopped his functioning. The Superintending Engineer enquired into the matter and by his order dated 20.12.92 directed the Executive Engineer not to give effect to the said order dated 11.11.92 which, in effect, should mean that the petitioner shall continue to function on the Accounts side. The Executive Engineer refused to relent and stopped payment of salary to the petitioner with effect from 1.1.93. It must be stated that the petitioner has not annexed anyone of the aforesaid documents to the writ petition.

(3.) LEARNED counsel for the petitioner submitted that the Executive Engineer had passed an arbitrary order on 11.11.92, discontinuing the petitioner on the Accounts side 'and stopping his salary. He also acted in clear disobedience of the order dated 24.12.92, passed by the Superintending Engineer who had clearly directed him not to give effect to the said order dated 11.11.92. Relying on a document marked Annexure -10 to the writ petition, he further submitted that this is a chart showing change of cadre/section happening in the department for a long time. The document marked Annexure -11 is the purported policy decision of the State Government to the effect that such change of cadres is permissible. He further relied on the documents dated 10.5.95 (Annexure -6), and dated 5.10.95 (Annexure -7). In his submission, An -nexure -6 was submitted by the then Regional Chief Engineer to the Registrar of this Court in the aforesaid CWJC No. 1683 of 1993(R), and Annexure -7 was another report dated 5.8.95 of the Regional Chief Engineer, PHED, Ranchi to this Court. Relying on those two documents, learned counsel for the petitioner submitted that the Regional Chief Engineer had in his two reports to this Court ' in CWJC No. 1683 of 1993(R), submitted that the petitioner should be paid his full salary w.e.f. 1.1.93, because he has been deprived of the same on account of the arbitrary action of the Executive Engineer and amount should be realised from the salary of the Executive Engineer.