ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has filed the present writ application for quashing the order dated 24.7.96 passed by the respondent no.3 Director (Handicraft & Silk) Department Industries, Govt. of Bihar, by which the first time bound promotion granted to the petitioner by order dated 8.2.91 w.e.f. 1.4.81 has been cancelled and a direction has been issued for recovery of the amount.

(2.) ADMITTED facts are that the petitioner was appointed as Overseer on 22.12.1961 and was posted in Eri Silk Farm, Begusarai and in pursuance of which the petitioner joined on 2.1.1962. Thereafter, he was promoted to the post of Supervisor on 27.8.79 vide Annexure -2 and after that he represented the matter before the authority concerned for grant of first time bound promotion and his case was forwarded by the respondent no.3 for giving first time bound and second time bound promotion to the respondent no.3. On 8.2.91 he was granted first time bound promotion w.e.f. 1.4.81 vide Annexure -3. Thereafter, by order dated 7.3.96 he was granted second time bound promotion w.e.f. 2.4.87 vide Annexure 4 and thereafter the impugned order has been passed which has necessitated the petitioner to approach this court.

(3.) THE State Government has filed a counter affidavit wherein its stand is that the petitioner was already granted promotion to the post of Supervisor by way of promotion on 27.8.79 and as such he is not entitled to first time bound promotion as this promotion is granted as anti stagnation measure. The petitioner on the basis of the representation by suppressing the facts has obtained first time bound promotion.