HARI KRISHAN BHAT Vs. DIRECTOR RURAL DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) THE petitioner seeks a writ of certiorari to quash order dated 28. 11. l983 issued by respondent No : 2, where by he has been reduced in rank and also mandamus for release of charge allowance including pay emoluments in his favour against the post of Panchayat Inspector held by him.

(2.) THE case of the petitioner is that having qualified as Arts Graduate, he got appointed as VLW (village level Worker) on 25 -5 -1977 in CD & NES Department now Rural Development Department of Agriculture. On completion of VLW Training course securing first position, he worked to the satisfaction of his superiors and vide order no: DPO/KD/Estt/213 -14 dated 13 -3 -l981, of respondent No: 3, District Panchayat Officer. Kupwara and order of Block Development Officer Sogam contained in annexure 2, he was ordered to function as Incharge Panchayat Inspector in his own pay and grade. He was also given selection grade of Rs. 210 -350. On transfer to Trehgam Block, the petitioner vide order No: ACDK/678 -81 dated 10 -6 -1982 annexure 4, was ordered to work as Panchayat Inspector in addition to his own duties as VLW. That he made a representation for promotion duly recommended by respondents 3 and 4, the respondent No: 2 vide his order No; - ACDK/4306 -8 dated 8 -2 -1983 promoted him to the post of Panchayat Inspector in the grade of 600 -925, subject to confirmation by respondent No: 1 Director, Rural Development Department and DPC. The petitioner moved a representation for charge allowance pending confirmation of his promotion by DPC, in return the respondents - 1 and 2 vide order No: E -93/PF -VLW/8245 -46 and No: ACD (K) PF/Estt/ -10531 -33 dated 28 -11 -1983 (Annexure 8) the petitioner was reverted to the post of VLW, a lower rank without any notice or opportunity of being, heard, thus, violating the provisions of Art. 311 of the Constitution of India, providing for opportunity of being heard before reversion in question. Therefore, this petitioner quashing the order and to release the charge allowance in his favour together with release of pay as Panchayat Inspector.

(3.) THE respondents while contesting the petition in the reply affidavit filed by respondent No: 1, have admitted the petitioner having worked as Incharge Panchayat Inspector under an internal arrangement for smooth administration from time to time, while the promotion of the petitioner as Panchayat Inspector by respondent No: 2 vide order dated 8 -2 -1983 was subject to confirmation by the respondent No: 1 Director and DPC which too was not given effect, short of confirmation by the authorities, consequently vide order No : E -93 -/PF -VLW/ -8245 -46 of respondent No : 1 issued -by respondent No : 2 under No: ACD (K) PF/Estt/16531 -33 dated 28 -11 -1983 has recalled the orders dated 10 -6 -1982 and 8 -2 -1983 promoting the petitioner and allowing him the grade of 600 -925 as Panchayat Inspector. The petitioner a Junior VLW could not have been promoted by an incompetent authority in presence of other senior officials who had represented against the action of promoting the petitioner, therefore, he has not been reduced in rank being not entitled to promotion as such question of any notice or opportunity to him does not arise nor any of his rights guaranteed under the constitution stands infringed.