KRISHNADEO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was promoted in the rank of Account Clerk on 14th October, 1977, his order of promotion was cancelled after 14 years on 14th December, 1991, For the said reason, he challenged the order of cancellation of promotion aforesaid in the present case.

(2.) THE brief fact of the case shows that the petitioner read upto Higher Secondary standard and appeared in such examination but failed. Subsequently he was appointed to the post of Treasure Guard on 10th of January, 1974, in Flood Control, Design Division under the Irrigation Department of the State of Bihar. The case of the petitioner was considered for promotion to the next higher post of Accounts Clerk and he was promoted to the said post by order dated 14th October, 1977. On such promotion, the petitioner joined the post and continued to function. It is only after 14 years, the impugned order was issued on 16th December, 1991 and the order of promotion issued on 14.10.1977 was cancelled.

(3.) IT will be evident from the impugned order and the counter -affidavit of the respondents that the qualification of Matriculation/Secondary Examination was laid down for appointment to the post of Accounts Clerk. As the petitioner had not passed the Matriculation/Secondary Examination but failed in the Higher Secondary Examination, the respondent held the petitioner not eligible for promotion to the higher post of Accounts Clerk and for the said reason, the order of promotion was cancelled after 14 years.