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2005 DIGILAW 449 (PAT)

Ramakant Prasad v. State Of Bihar

2005-04-26

NARAYAN ROY

body2005
Judgment 1. Heard counsel for the parties. 2. This application is directed against the order dated 15.10.2003 as contained in Annexure 1 whereby and whereunder the petitioner has been reverted to his substantive post. 3. It is submitted by learned counsel that the petitioner was promoted to the post of Junior Research Assistant pursuant to the decision of the State Government taken in the year 1984 and he continued to work on that post for last twenty years and by the impugned order he has been reverted back to his substantive post without any sufficient reason. It is further submitted by learned counsel that the petitioners have acquired substantive right on the post and in that view of the matter the order impugned must be held to be wholly without jurisdiction. 4. It is pointed out by learned counsel for the petitioner that a batch of such persons who were reverted like the petitioner, had come to this court in C.W.J.C. No. 14309 of 2003 and one of them had come in C.W.J.C. No. 14123 of 2003. Both the writ applications were allowed vide orders as contained in Annexure 8 series and the orders impugned were set aside. 5. From the orders as contained in Annexure 8 series, it appears that the facts of those cases and this case are identical. In those cases the petitioners had also worked on the promotional post for about 20 years and thereafter they were reverted back to their substantive post. 6. Having regard to the facts and circumstances of the case, in my opinion, the orders passed by this court as contained in Annexure 8 series squarely govern the case of the petitioner. 7. In these view of the matter, this writ application is allowed in terms of the orders passed by this court as contained in Annexure 8 series to this writ application and the order as contained in Annexure 1 is set aside. 8. No costs.