M.Y. Eqbal, J.

1. Petitioner was employed and posted as Senior Clerk in Indian Lac Research Institute, Namkum, Ranchi (hereinafter referred to as the Institute). One K.L. Chowdhury was also working there as Senior Clerk and was senior to the petitioner.

2. One Sudarsan Ram, who was senior to K.L. Chowdhury along with R.K. Upad- hyay, N. Topno (Scheduled Tribe) and Md. Mobarak, who were junior to K.L. Chowdhury were promoted to the next higher post of Assistant by upgradation with effect from 6.11.1998. Later on the petitioner as well as one B.K.Rajak (Scheduled Caste) were also promoted to the post of Assistant with.effect from 28.11.1998.

3. By office order dated 1.12.1998, Issued by the Administrative Officer of the Institute, K.L. Chowdhury was communicated the reason for which the Departmental Promotion Committee did not recommend his case for promotion/up- gradation from the post of Senior Clerk to the post of Assistant. By communication he was also wanted and was directed to improve his conduct towards the duty and not to repeat grave mistakes in future. K.L. Chowdhury filed representation against the said communication, which was rejected on 15.3.1999. He thereafter filed OA No. 305 of 1999 before the Central Administrative Tribunal for quashing those orders dated 1.12.1998 and 15.3.1999 and for directing the authorities to consider his case for promotion to the post of Assistant with effect from 6,11.1998, the date from which his juniors were promoted. By order dated 15.5.2000 the Tribunal quashed those orders dated 1.12.1998 and 15.3.1999 and directed the authorities to reconsider his case for promotion to the post of Assistant with effect from the date his juniors were promoted and to pass appropriate orders. Thereafter the matter was considered by the Indian Council of Agricultural Research, New Delhi and the Institute was directed to follow the Tribunals order and reconsider his case.

4. Simultaneously, the Institute was directed to ensure that the total number of up-gradation including that of K.L. Chowdhury should not exceed the number of posts approved for up-gradation by the Council, which might result into reversion of the junior most person on his promotion. On the recommendation of the Departmental Promotion Committee, an office order was issued on 14.8.2000 upgrading K.L. Chowdhury to the post of Assistant with effect from 6.11.1998.

5. The Director of the Institute in his letter dated 24.4.2000 to the Under Secretary (Engg.) Indian Council of Agricultural Research, New Delhi informed that total sanctioned strength of the post of Assistant was 13 (thirteen) in numbers, which were already filled up and only a post of Junior Accounts Officer (F & A) in the same scale of pay was lying vacant since long. It was, therefore, suggested that for the time being K.L. Chowdhury may be promoted against the said post of Junior Accounts Officer, till a regular post of Assistant becomes available on retirement/superannuation of an Assistant on 30.4.2001. Request was, therefore, made to obtain Councils approval in this regard and communicate the same to the Institute immediately.

6. By another letter dated 18.9.2000, the Director of the Institute made request to the Council for creation of supernumerary posts of Assistant with effect from 28.11.1998, which was examined by the Council but not accepted. Consequently, the promotion of K.L. Chowdhury on 14.8.2000, the petitioner was reverted from the post of Assistant to the post of Senior Clerk.

7. The petitioner against the order of his reversion filed O.A. No. 4 to 2001 befpre the Central Administrative Tribunal which was dismissed on 17.4.2001. The Tribunal held that the petitioners prayer for setting aside his reversion was devoid of merit. However, the excess amount paid to him on the promoted post of Assistant was held to be not deducted from his salary. The Tribunals order has been Impugned in the present writ petition.

8. Mrs. M.M. Pal, petitioners counsel submitted that