KIRITI DUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was appointed as a Computer Operator in the Office of the District Family Planning Officer, Santhal Pargana, Dumka vide Annexure -1. dated 27.2.1974. By issue ofAnnexure -3 dated 5.12.1974, the services of the petitioner was terminated at the instance of the Directorate (Health), Bihar. Patna. It is said that subsequently the Government took a decision to absorb all the retrenched employees of the Family Planning and Welfare Department and consequently thereafter a letter was issued to the petitioner (Annexure -4) dated 9.12.1977, whereby the petitioner was directed to appear with all relevant documents for consideration of his appointment. Vide An -ncxure -5, dated 4.2.1978 issued by the Office of the Chief Malaria Officer, Bihar, Patna, the petitioner was appointed as Superior Field Worker. Since the petitioner was not given the previous pay -scale which he was receiving prior to his retrenchment he represented to the Chief Malaria Officer, Bihar, Patna for his absorption on his previous pay -scale. It is said that though the petitioner was appointed as Superior, Field Officer but he was doing the duties of Clerk in the Office of the District Malaria Officer, Dhanbad and subsequently in the Office of Civil Surgeon -cum -Chief Medical Officer, Uhanbad. The petitioner, thereafter made an application to the Chief Malaria Officer, Bihar. Patna for his promotion to the post of Clerk, on the ground, that the was performing the duties of a Clerk since long. The Chief Malaria Officer, Bihar, Patna forwarded the application of the petitioner to the Civil Surgeon cum -Chief Medical Officer, Nand Gopal Sah Versus State Of Jharkhand Dhanbad vide letter dated 13.11.1987 (Annexure -10). The said forwarding letter of the Chief Malaria Officer, was placed before the Establishment Committee and then vide Annexure -11, the Establishment Committee, decided to promote the petitioner to the post of Clerk and consequently by issue of Annexure -12, dated 12.4.1990, the petitioner was promoted to the post of Clerk, on the basis of the decision of the Establishment Committee in the pay -scale of Rs. 1200 -1800.00 which was equivalent to the pay -scale of a Computer Operator, which the petitioner was drawing prior to his retrenchment. Thereafter by issue of Annexure -14 dated 29,7.1995, the promotion given to the petitioner on the post of Clerk was cancelled by the Chief Malaria Officer, Bihar, Patna on the ground that the promotion given to the petitioner on the post of Clerk was against the Government letter dated 20.1.1992 and the order of the High Court, passed in CWJC No. 5944 of 1992.

(2.) BEING aggrieved by the said order of his cancellation of promotion, the petitioner moved Patna High Court in CWJC No. 7027 of 1995. Vide Annexure -18. dated 15.12.1995. the High Court disposed of the said writ application by setting aside the order under challenge before it, with certain directions which are quoted hereinbelow : -

(3.) THE grievance of the petitioner is that his appointment was made on the basis of Health Department 'sletter No. 210 dated 18.1.1978 and, therefore, he made a request in writing to the Chief Malaria Officer to supply him the copy of the said latter dated 18.1.1978 so that he can file an effective show cause but without supplying the said letter and without giving the petitioner a reasonable opportunity to file his show cause or even a chance of personal hearing as directed by the High Court, the Commissioner -cum -Secretary, Department of Health, Government of Bihar, Patna passed an order on 2.12.1996, holding that the Chief Medical Officer -cum -Civil surgeon had no Jurisdiction -to promote the petitioner to the post of Clerk, as the same could have been done by the Chief Malaria Officer, Bihar. Patna and consequently cancelled the promotion of the petitioner to the post of Clerk.