LAWS(JHAR)-2003-9-142

ZUBAIR AHMAD SIDDIQUI Vs. ZILA PARISHAD GIRIDIH

Decided On September 08, 2003
Zubair Ahmad Siddiqui Appellant
V/S
Zila Parishad Giridih Respondents

JUDGEMENT

(1.) IN the instant writ application the petitioner has prayed for quashing the order dated 26.6.1995 issued under the signature of respondent No. 2, Deputy Development Commissioner -cum -Chief Executive Officer, Zila Parishad., Giridih, whereby the petitioner was sought to be reverted from the post of Assistant to the post of Daftari.

(2.) THE petitioner 'scase is that he was appointed as Daftari in Zila Parishad at Giridih in the year 1973. In 1981 he was promoted to the post of office Assistant vide office memo No.793 dated 13.8.1981. A copy of the office order dated 13.8.1981 is annexed as Annexure 1 to this writ petition. In the promotion order it was mentioned that the petitioner will have to pass typing examination within three months. Further case is that after promotion of the petitioner, the department could not conduct any typing examination within three months and it was only in 1984 examination was conducted but petitioner was not called for. However, in 1991 typing examination was conducted in which the petitioner had appeared but he could not succeed in the typing examination. Consequent thereupon explanation was called for vide letters dated 5.6.1991 and 21.6.1991 as to why he should not be reverted to the post of Daftari. The petitioner filed his explanation before the concerned authority stating, inter alia, that although he did not qualify in the typing examination but from 1981 to 1986 he performed the duty of Correspondence Clerk. From 1986 to 1989 he worked as Establishment Clerk. From 1989 to 1991 he worked as assistant Engineer 'sClerk and till date he has been working as Bill Clerk in the office of District Engineer of Zila Parishad, Giridih. The reversion of the petitioner after serving more than 10 years as Clerk is not justified.

(3.) FROM perusal of the judgment passed in CWJC No. 1272/94(R), it appears that the petitioner moved the Court against the decision of the respondent to deduct, from the salary of the petitioner, the difference of amount received by him after he was reverted back to the post of Daftari from the post of Assistant. The writ petition was disposed of on 28.3.1995 by passing the following order :