IMPORTANT POINT
In a normal course recovery on reversion from promotional post could be ordered only when promotion was void ab initio.

JUDGMENT

Arijit Pasayat, J.—Leave granted.

2. In both these appeals challenge is to the legality of the common judgment passed by the Patna High Court dismissing of different Letters Patent Appeals filed by the appellants. By the impugned judgment the High Court dismissed the Letters Patent Appeals. It was held that the view of learned Single Judge dismissing the writ petitions filed by the appellants challenging their reversion as well as recovery of the amounts paid on account of promotion was in order.

3. Factual position in a nutshell is as follows:-

Except some of the appellants who were Class IV employees remaining appellants were holding Class III posts, that is, Basic Health Workers. They were promoted to the post of Clerk in the year 1992. Subsequently, an audit team raised objection to the said promotions expressing the view that the appellants could not have been promoted. On the basis of the audit report action was taken. State Government was of the view that promotions granted were illegal and accordingly the appellants were reverted to the original post held by each one of them. Being aggrieved by the said order, some of the appellants moved the High Court which quashed the orders on the ground that adequate opportunity was not granted to show cause before the action was taken. Thereafter, show cause notices were issued to which the appellants responded. Ultimately they were reverted to the original post held by each and direction was given to recover the excess amounts which had been paid. Writ petitions were filed challenging the orders in that regard. In each case learned Single Judge dismissed the writ petition. As noted above the Letters Patent Appeals were also dismissed.

4. In support of the appeals learned counsel for the appellants submitted that there was no fault on the part of the appellants and they had been appointed on the basis of the recommendations made by the Selection Committee. Even if it is conceded that there was any procedural irregularity that could not have affected the promotion granted and no action could have been taken after lapse of time. In any event, the recovery of the amount is uncalled for.

5. Learned counsel for the respondent-State and its functionaries supported the judgment submitting that the courts below had noted the reasons for directing reversion. Even if the appellants had worked in the promotional post yet they were not entitled to the higher salary attached to each of the promotional post. Therefore, the recovery has rightly been directed. Reliance was placed on decisions of this Court in R. Vishwanatha Pillai v. State of Kerala and Ors. (2004 (2) SCC 105), LIC of India v. Sushil (2006 (2) SCC 471) and Ram Saran v. I.G. of Police, CRPF (2006 (2) SCC 541).

6. The reasons which weighed by the respondent-State to hold that the promotion was illegal does not suffer form any infirmity. Class III employees could not have been promoted as they belong to the technical cadre and the promotional posts related to non-technical cadre. That apart the Class III employees were already holding Class III post and, therefore, there was no question of promotion to the same class. So far as class IV employees are concerned, their promotion was also not considered in terms of statutory provision. The quota of promotion to Class III from Class IV is fixed and the procedure is provided for deciding the question of promotion. The promotions were granted without placing their cases before the Establishment Committee and the Committee which accorded approval was not properly constituted, and the reservation policy was not followed and promotions were given without adopting the procedure relating to advertisement. The High Court also noted that the appointments were made by the Civil Surgeon though a ban had been imposed by the State Government on appointments. Therefore, the order of reversion in each case cannot be faulted.

7. So far as the recovery is concerned, in a normal course if the promoti