JAGDISH MAHTO Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order as contained in memo No. 2119 dated 8.5.2002 issued under the signature of respondent No. 5, the Additional Secretary, Government of Bihar, Water Resources (Irrigation), department, Bihar, Patna whereby a direction has been issued to demote the petitioner from the post of Junior Engineer to the post of Surveyor and to fix his pay scale in the post of Surveyor and to recover the difference of pay from him with effect from 1.7.97.

(2.) THE petitioner was appointed as Surveyor in 1965. In 1979 a decision was taken by the Government to promote the Surveyors to the post of Junior Engineer and consequent upon that a list of surveyors who were eligible for promotion including the name of the petitioner was sent and the petitioner along with six others were promoted to the post of Junior Engineer on the recommendation of the Establishment Committee vide office order dated 3/1/84. The petitioner submitted his joining on the post of Junior Engineer and continuously worked to the satisfaction of all concerned since 1984. All of a sudden the petitioner received a copy of the letter addressed to the Chief Engineer, Water Resources Department issued by the Additional Secretary to the Government of Bihar vide the impugned memo dated 8.5.2002 asking him to revert the petitioner from the post of Junior Engineer to the post of Surveyor.

(3.) THE respondent -State of Bihar filed counter affidavit stating, inter alia, that for appointment on the post of Junior Engineer the recommendation of the Public Service Commission was mandatory. In 1987 it was brought to the notice of the State Government appointments on the post of Junior Engineer was being done by violating the recruitment rules. After considering the matter the personnel and administrative department, Government of Bihar issued a resolution under the signature of the Chief Secretary, Government of Bihar vide memo No. 11585 dated 2.11.87 fixing the norms and method for appointment to the post of Junior Engineer and in the Works Department and all the previous circulars with regard to appointment were cancelled w.e.f. the date of issuance of the Government resolution. It is further stated that since the appointment were contrary to the Government resolution dated 14.3.77 and 2.11.87 and was without getting the recommendation of the Bihar Public Service Commission, such appointments were cancelled after giving opportunity of hearing. Accordingly the Water Resources Department issued reasoned orders dated 11.6.96 and 1.7.97. Xerox copies of those orders have been annexed as B series.