ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner in this writ petition prays for an appropriate writ or direction 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 Mechanical 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 Righan 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 inquired into the matter and by his order dated 20-12-92 directed the Executive Engineer not go 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.) Aggrieved by the order of the Executive Engineer stopping his salary with effect from 1-1-93, the petitioner moved this Court by preferring CWJC No, 1683 (R). The writ petition was disposed of by this Court by order dated 5-8-93, whereby the petitioner was given the liberty to file a representation before the Regional Chief Engineer with regard to the payment of his salary, which if submitted had to be disposed of within the fixed period. According to the petitioner, no order was passed on his representation and he had, therefore, to prefer a contempt application before this Court for non-implementation of the order dated 5-8-93 (Annexure-1), which was registered as MJC No. 24 of 1994(R). The same was finally dropped by this Court by order dated 27-9-95 (Annexure-8), aggrieved by the said order dated 27-9-95 (Annexure-8), the petitioner had preferred SLP (Civil) No. 10230 of 1996, before the Supreme Court . which was dismissed as withdrawn on 24-11 -97 (Annexure-9). All attempts .. of the petitioner having failed on the executive side, and obviously in this Court as well as the Supreme Court on earlier occasion, the petitioner has again moved this Court for just the same cause of action and just the same reliefs.