Heard learned counsel for the parties.

2. The order impugned is dated 14th December,1999, by which posting of the petitioner as Health Educator, has been cancelled after 13 years and he has been redesignated as Non-Medical Assistant, the said order has been issued by the Director, Health Services, respondent no. 2.

3. The case of the petitioner is that he was appointed as Non-Medical Assistant in the pay scale of Rs.680-965/- vide order dated 27th August, 1982 (Annexure1), it was revised in the year 1987 to the scale of Rs.730-1080/-. It is his case that the pay scale of Non-Medical Assistant and the Health Educator were same at the relevant point of time as per Annexure2 dated 27th July, 1987, hence, the petitioner was allowed to change his cadre from Non-Medical Assistant to the post of Health Educator by the impugned order. However, after 13 years almost he has been again reverted to the post of Non-Medical Assistant, which is illegal and arbitrary.

4. Learned counsel for the petitioner relies upon the judgment rendered by a Single Bench of the Patna High Court in the case of Rajeshwar Prasad Gope Vs. State of Bihar and others in CWJC No. 828/96 ( R) delivered on 20th M