BINA SINGH Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has sought for quashing of the order dated 31.10.2002 passed by the respondent no.3 whereby the promotion granted to the petitioner, on the post of Office Superintendent with effect from 14.04.1987 and pay fixed in the pay scale of Rs.5500 to Rs.9000/ has been cancelled, and the petitioner has been reverted to the post of Circle Assistant in the pay scale of Rs.4500 to 7000/- with effect from 14.04.1987 vide Annexure-8 to the writ application. The petitioner has further prayed for direction to the respondents to continue on the post of Office Superintendent in Circle Office, General Manager with all consequential benefits. During pendency of the writ application, the petitioner late Bibhuti Bhushan Singh died and vide order dated 20.10.2011 in I.A. No.2109 of 2010 the wife of the deceased petitioner has been substituted.

(2.) The brief facts, leading to filing of the writ application by the deceased petitioner is that he was appointed as Clerk in Divisional Cadre on 14.07.1975 under respondent no.3 and with effect from 01.07.1978 he was posted as Assistant in Circle Cadre. It has been stated in the writ application that there are four sanctioned posts of Administrative Officer under respondent no.3 and out of this, 3 posts of Administrative Officer are sanctioned for the office of three General Managers' office which are situated at Ranchi, Hazariagh and Patna and one post of Administrative Officer is sanctioned for Head Quarter, M.D. Office at Patna. It has further been averred that three Office Superintendent are posted in three General Managers office against the sanctioned posts of Administrative Officer and were discharging the duties of Administrative Officer as no Administrative Officers are posted in the office of General Manager. It has been averred that the petitioner was functioning as Office Superintendent in the office of General Manager with effect from 14.04.1987 till 08.11.2002. During course of discharging of duties the pay of the petitioner has been revised from time to time. It has been submitted that vide office order dated 07.07.1992 issued under the signature of M.D., Bihar State Forest Development Corporation Ltd., Patna, the petitioner has been promoted to the post of Office Superintendent against the vacant post of Administrative Officer in the unrevised scale with effect from 14.04.1987 from the date of posting as Office Superintendent as per Annexure-5 to the writ application. The pay of the petitioner was fixed in the revised pay scale of Rs.5500-9000/ on the post of Office Superintendent with effect from 01.01.1996 vide office order dated 31.12.1999 as per Annexure- 6/1 to the writ application. In pursuance to resolution issued vide memo dated 23.03.2002 Jharkhand State Forest Development Corporation Ltd. was established and adopted the memorandum of Article of Association-ship of erstwhile Bihar State Forest Development Corporation, Patna. It has further been stated that all along petitioner has been posted in the territorial jurisdiction of Jharkhand and after creation of the Jharkhand State Forest Development Corporation Ltd. he became employment of JSFDC, Ranchi and for all practical JSFDC is the controlling authority/employer of the petitioner. Vide Memo dated 31.10.2002 issued under the signature of MD, BSFDC, Patna whereby petitioner's promotion was granted to the post of Office Superintendent in the said office and he has been reverted on the post of Circle Assistant in the pay scale of Rs.4500 to 7000/- with effect from 14.04.1987 as per Annexure-8 to the writ application. Thereafter the petitioner was relieved from G.M. Office with effect from 28.11.2002. It has further been averred that like petitioner one Prafulla Pandey has challenged the order of reversion in CWJC No.5983 of 2000 before the Hon'ble Patna High Court and the case of the petitioner stands on the same footing. Being aggrieved by and dissatisfied with the impugned order of cancellation of promotion and reversion from the post of Office Superintendent to Circle Assistant, the petitioner left with no alternative, has challenged the impugned order under Article 226 of the Constitution of India for redressal of his grievance.

(3.) Learned counsel for the petitioner has strenuously urged that before issuance of impugned order dated 31.10.2002 vide Annexure-8, no show cause notice was ever issued nor the petitioner was given opportunity to putforth his explanation, therefore, there has been breach of principles of natural justice which renders the impugned order illegal, unconstitutional, unlawful and arbitrary. Learned counsel further submits that the petitioner having worked on the promoted post of Office Superintendent from 14.04.1987 for more than 15 years by virtue of the order of reversion, the petitioner has been subjected to civil consequences, since the accrued/vested right has been whittled down by the impugned order. Learned counsel further submits that the order passed by the respondent vide Annexure-8 is bereft of jurisdiction, in view of the fact that the petitioner after bifurcation of the erstwhile State of Bihar and after creation of State of Jharkhand, the respondent Bihar State Forest Development Corporation could not have passed the order in view of the decision of this Court reported in JLJR 2002 (1) 697 (State of Bihar and Ors. v. Arvind Vijay Bilung) and the decision of the Hon'ble Apex Court reported in (2014) 4 SCC 583. Learned counsel further submits that the impugned order is also contrary to the provision made in Rule 74 of the Bihar Reorganization Act.