SURENDRA PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for quashing the order as contained in memo No. 395 dated 10.12.2001 whereby the petitioner has been reverted from the post of Clerk -cum -Store Keeper to the post of Superior Field Worker.

(2.) IN 1986 the petitioner was appointed as Superior Field Worker and since then he continuously worked in the office of Filaria Officer -in -Charge, Ranchi in 1993 vide memo No. 162 dated 9.2.1993 the petitioner was transferred and posted in higher scale of pay in Filaria Control Unit, Gumla, as Clerk -cum -Store Keeper. In the next month i.e. in January, 1993 the promotion of the petitioner was cancelled on the ground that roster and reservation policy was not followed and seniority was not considered. The revision was challenged in Patna High Court in CWJC No. 5354/93. The writ petition was disposed of with a direction to the respondent authorities to pass appropriate order after giving opportunity of hearing to the person concerned. After the said order the respondents issued memo No. 781 dated 24.7.1993 directing such persons including the petitioner to continue to work on their promotional post. The petitioner accordingly submitted his joining on 13.8.1993 and continuously worked on the post of Clerk -cum -Store Keeper. Surprisingly, in 2001 the matter was reopened and the petitioner was reverted back to his earlier post. In the counter affidavit filed by the State of Bihar it is stated that while posting the petitioner to the post of Clerk - cum -Store Keeper the word "promotion" was not mentioned in the letter dated 9.2.1993. However, it is admitted in the counter -affidavit that petitioner was posted in a higher scale of pay. The stand taken by the respondent is that according to departments memo No. 428 dated 18.5.1992 a ban was imposed on appointment, transfer and posting by Assistant Director, (Filaria and Health Services) and the same was lifted vide resolution dated 2.1.1995. Since during that period the petitioner was promoted in higher scale of pay the same cannot be given effect to. Admittedly the ban in promotion, transfer or posting was withdrawn in January, 1995 and even thereafter the petitioner continuously worked for more than 8 years in the higher scale of pay on the post of Clerk - cum -Store Keeper. In such a situation the petitioner could not have been reverted back to the lower pay scale on the technical ground that during the relevant period a ban was imposed and Assistant Director (Filaria and Health Services) had no authority to issue order of promotion. Such a reversion of the petitioner after continuously working in the higher scale of pay for about 9 years cannot be sustained in law.