RAM CHANDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of order dated 30th April, 1998, whereby he has been reverted from the post of Librarian/Library Assistant to the post of Peon and for a further direction upon the respondents to absorb the petitioner to the post of Librarian/Library Assistant in the State Institute of Rural Development at Ranchi. The brief facts of the case can be summarized by recording that the petitioner was appointed on 1.12.1972 as Peon in the Bihar Institute of Rural Development and he worked as Clerk from 1.12.1972 to 30.11.1977. The petitioner started working as Librarian/Library Assistant from 12.9.1986 and he was promoted to the post of Librarian/Library Assistant by Office Order dated 23.8.1988. However, by order dated 3.9.1991, he was reverted to the post of Peon, and therefore, he approached the High Court in C.W.J.C. No. 1978 of 1991(R). The respondents did not file any counter affidavit, however, a plea was raised during the course of hearing that since the posting of the petitioner on the post of Librarian/Library Assistant was temporary in nature, no substantial right had accrued to the petitioner. The High Court rejected the argument on behalf of the respondents and quashed the order of reversion dated 3.9.1991 with all consequential benefits to the petitioner.

(2.) Vide Office Order dated 4.9.1992, the petitioner was again posted on the post of Librarian/Library Assistant from 29.8.1991. The petitioner continued to work as Librarian/Library Assistant till 30th April, 1998, when the order of his reversion from the post of Librarian/Library Assistant to the post of Peon was passed again. On the same day, another order was passed, whereby the petitioner was directed to discharge the duties of Librarian/Library Assistant for further period of six months. In the aforesaid facts, the petitioner has approached this Court by filing the present writ petition.

(3.) A counter-affidavit has been filed on behalf of respondent no. 3, in which, it has been admitted that the petitioner has taken training of Library Science in the year 1984 and since the post of Librarian/Library Assistant was vacant, the petitioner was appointed on the said post on 23.8.1988. It has also been admitted in the counter-affidavit and affirmed by the counsel appearing on behalf of respondent No. 3 that the post of Librarian/Library Assistant is still vacant.