RAM SHARAN SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In the present writ application petitioners have assailed the office order contained in Memo no. 216 dated 22.8.2009(Annexure-19) issued by the Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand whereby they have been reverted to the post of stenographer from the post of Personal Assistant.

(3.) There is a background to the instant controversy and for resolution of the issues involved in the writ petition, necessary facts which needs to be narrated in brief are being indicated hereunder. The present petitioners were appointed by the Office order dated 27.5.1988 issued by the Deputy Director, Geology, Ranchi Circle and has been brought on record by the petitioners vide Annexure-6 to rejoinder to the counter affidavit as also vide Annexure-B to the reply filed by the respondent- State. At the outset it is relevant to mention the contents of the said appointment letter of the petitioners as it may have substantial bearing on the final outcome of the case. The Office Order states that in terms of the direction of the Director Geology, Bihar, Patna contained at Memo no. 2786 M.Patna dated 5.5.1988 and against the post created under different offices under the Directorate of Geology these petitioners along with few others were being appointed as Stenographer upon recommendation of the departmental selection committee and were posted in different offices. The petitioner no.1 whose name figured at Serial no. 6 was posted at the office of Additional Director, Mines and Geology Department, Patna. Petitioner no.2 who figured at Serial no. 2 was posted under the Deputy Director, Geology, Headquarters in the same department at Patna. Petitioner no.3 figured at Serial no. 5 and was posted under office of Deputy Director, Geology, Advance Planning under the same department at Patna. The other persons appointed under the said office order were posted in offices under the Directorate such as under the Deputy Director, Geology, Data Bank at Patna, under the Deputy Director, State Geological Laboratory, Hazaribag and the last one was posted under the Additional Director, Department of Mines and Geology, Ranchi. The order of appointment as such was issued by the Deputy Director, Department of Mines and Geology, Ranchi Circle, Ranchi. These petitioners remained in the Headquarters of the Directorate of Geology in different Offices being posted from time to time. Vide letter no. 788 issued on 4-10.9.1990, the Department of Personnel, Administrative Reforms and Rajbhasha, Bihar (herein after referred to as DOPT, Government of Bihar), sought for names of such stenographers who were appointed in the Secretariat and its attached Offices prior to 10.11.1988 for consideration of their names for upgradation of their post to that of Personal Assistant. The names of the present petitioners along with one more person were recommended vide letter dated 7.11.1990 to the DOPT, Government of Bihar for consideration for being upgraded to the post of Personal Assistant which is annexed as Annexure-7, issued by the Director, Geology, Bihar, Patna. The relevant details relating to their appointment letters, the order under which the post of such stenographers were created, updated service book of such stenographers including the petitioners as well as A.C.R.s duly certified were forwarded to the Department of Personnel, Administrative Reforms and Rajbhasha for consideration of their cases for such upgradation. Thereafter, by a decision which is contained at Annexure-8 dated 23.6.1995 the DOPT, Government of Bihar took decision for upgradation of such stenographers who were appointed in the Secretariat and attached offices prior to 10.11.1988 to that of Personal Assistant from the date of such notification. The names of these petitioners are contained in the annexure enclosed to the said order at serial no. 5,6 and 8 respectively shown against the Mines and Geology Department. In such circumstances, vide letter dated 10.7.1995(Annexure-9) the office order was issued by the Directorate of Geology in tune with the decision of the DOPT, Government of Bihar contained at Annexure-8 allowing these petitioners who were stenographers then to submit their joining as Personal Assistant relieving them w.e.f 26.6.1995. Annexure-10 was also issued consequent thereof on 23.8.1995 by the DOPT, Government of Bihar where their date of joining were indicated. The petitioners name figured at Serial no. 1,2,4 respectively in the said list. Thereafter, vide Annexure-11 they were confirmed by Office order dated 9.2.2002 issued by the DOPT, Bihar, Patna.