MD RAZAUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, prayer has been made for quashing the office order No. 2C/3-3/06-23 contained in Memo dated 13.04.2006, issued by the Respondent No. 4 pertaining to reversion of the petitioner from the post of Typist to the post of 'Daftari'.

(2.) The case of the petitioner in brief is that he was appointed initially on the post of 'Daftari' (Class IV post) on 30.09.1981 in which post, he has been confirmed in the year 1985. Since the petitioner was a matriculate, having typing qualification, he was assigned the work of typing during the period, when the regular typist was on leave and because of his highly satisfactory performance, as a Typist, the respondent no. 5 in a series of letters requested the respondent no. 4 for grant of special allowance to the petitioner for his officiating as substitute Typist in the Division, as evident from Annexure-2 series to the writ application. The Respondent no. 5 also requested the respondent no. 3 to consider the representation of the petitioner dated-19.08.1991 for considering his due promotion/appointment against the sanctioned vacant post of Typist in the Division in accordance with the Rules/Policy in this regard. Thereafter, the respondent no. 5 also made recommendation for giving promotion to the petitioner on the post of Typist under the Government Policy from Class IV post to Class III post against the vacant post of Steno-Typist and Typist. The petitioner also submitted representation on 05.06.1998 enumerating the detailed facts for his promotion/appointment against the sanctioned vacant post of Typist. Subsequently, the Establishment Committee held at P.H.E.D. Circle, Deoghar took a decision to give promotion to the petitioner considering his representations as well as the recommendation of the Respondent No. 5 and the petitioner was given promotion vide Office Order dated 24.11998 on the post of Typist (Class-III post) in accordance with the Government Rules/Circulars/Policies, as evident from Annexure-5 to the writ petition and in pursuance to the said promotion, the petitioner joined the said post on 01.01.1999 and continued to discharge his duties to the utmost satisfaction of his authorities and the petitioner also continued to receive the annual increments but to the utter surprise and all of a sudden, the petitioner received an office order dated 13.04.2006, issued from the office of the respondent no. 4, whereby the promotion of the petitioner has been quashed, which is impugned in this writ application. Being aggrieved by the order vide Annexure-6 to the writ application, the petitioner submitted representations. The Respondent No. 5 also sent one reminder to the respondent no. 4 to consider the case of the petitioner sympathetically but the request of the respondent no. 5 fell on the deaf ears of the respondent no. 4. Being aggrieved by the action of the reversion, the petitioner has been constrained to knock the door of this Court for mitigation of his grievances under Article 226 of the Constitution of India.

(3.) A supplementary affidavit dated 27.08.208, has been filed by the petitioner, wherein, the recommendation of the respondent no. 5 for restoring his promotion on the post of Typist taking into consideration his efficiency for the post vide his letter No. 252, dated 17.05.2008 and on the basis of such recommendation, the respondent no. 4 has directed the Executive Engineer, Drinking Water and Sanitation Division, Godda to take work of Typist from the petitioner in the interest of work and need of the Department vide Memo dated 30.07.2008 (Annexure-9 series to the supplementary affidavit).