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2018 Supreme(Jhk) 122
IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Bina Singh w/o Late Bibhuti Bhushan Singh - Petitioner
Versus
State of Jharkhand & Ors. - Respondents
W.P. (S) No. 6686 of 2002
Decided On : 30-01-2018
For the Petitioner: Mr. Saurabh Shekhar, Adv.
For the Respondents: Mr. Prabhash Kumar, Adv., Mr. Pankaj Kumar, Adv.
Promotion must be in accordance with sanctioned posts and rules, and lack of jurisdiction can render an order invalid.
Headnote:
Promotion - Administrative Officer - Section 65 of the Bihar Reorganization Act - Rule 74 of the Bihar Reorganization Act
Fact of the Case:
The petitioner sought to quash an order cancelling his promotion to the post of Office Superintendent and reverting him to the post of Circle Assistant. The petitioner argued breach of natural justice, civil consequences due to reversion, and lack of jurisdiction in the impugned order.
Finding of the Court:
The court found that the petitioner was never appointed on the sanctioned post of Office Superintendent, and his promotion was against rules. The court also noted that a similar case had been dismissed, and since the petitioner had died during the proceedings, no relief could be granted.
Issues: Breach of natural justice, civil consequences of reversion, jurisdiction of the impugned order
Ratio Decidendi: The petitioner's promotion was not against a sanctioned vacant post and was de hors of rules, thus no relief could be granted.
Final Decision: The writ application was dismissed.
Pramath Patnaik, J.
1. In the accompanied writ application, the petitioner has sought for quashing of the order dated 31.10.2002 passed by the respondent no.3 whereby the promotion granted to the petitioner, on the post of Office Superintendent with effect from 14.04.1987 and pay fixed in the pay scale of Rs.5500 to Rs.9000/- has been cancelled, and the petitioner has been reverted to the post of Circle Assistant in the pay scale of Rs.4500/- to 7000/-with effect from 14.04.1987 vide Annexure-8 to the writ application. The petitioner has further prayed for direction to the respondents to continue on the post of Office Superintendent in Circle Office, General Manager with all consequential benefits. During pendency of the writ application, the petitioner late Bibhuti Bhushan Singh died and vide order dated 20.10.2011 in I.A. No.2109 of 2010 the wife of the deceased petitioner has been substituted.
2. The brief facts, leading to filing of the writ application by the deceased petitioner is that he was appointed as Clerk in Divisional Cadre on 14.07.1975 under respondent no.3 and with effect from 01.07.1978 he was posted as Assistant in Circle Cadre. It has been stated in the writ application that there are four sanctioned posts of Administrative Officer under respondent no.3 and out of this, 3 posts of Administrative Officer are sanctioned for the office of three General Managers’ office which are situated at Ranchi, Hazariagh and Patna and one post of Administrative Officer is sanctioned for Head Quarter, M.D. Office at Patna. It has further been averred that three Office Superintendent are posted in three General Managers office against the sanctioned posts of Administrative Officer and were discharging the duties of Administrative Officer as no Administrative Officers are posted in the office of General Manager. It has been averred that the petitioner was functioning as Office Superintendent in the office of General Manager with effect from 14.04.1987 till 08.11.2002. During course of discharging of duties the pay of the petitioner has been revised from time to time. It has been submitted that vide office order dated 07.07.1992 issued under the signature of M.D., Bihar State Forest Development Corporation Ltd., Patna, the petitioner has been promoted to the post of Office Superintendent against the vacant post of Administrative Officer in the unrevised scale with effect from 14.04.1987 from the date of posting as Office Superintendent as per Annexure-5 to the writ application. The pay of the petitioner was fixed in the revised pay scale of Rs.5500-9000/- on the post of Office Superintendent with effect from 01.01.1996 vide office order dated 31.12.1999 as per Annexure-6/1 to the writ application. In pursuance to resolution issued vide memo dated 23.03.2002 Jharkhand State Forest Development Corporation Ltd. was established and adopted the memorandum of Article of Association-ship of erstwhile Bihar State Forest Development Corporation, Patna. It has further been stated that all along petitioner has been posted in the territorial jurisdiction of Jharkhand and after creation of the Jharkhand State Forest Development Corporation Ltd. he became employment of JSFDC, Ranchi and for all practical JSFDC is the controlling authority/employer of the petitioner. Vide Memo dated 31.10.2002 issued under the signature of MD, BSFDC, Patna whereby petitioner’s promotion was granted to the post of Office Superintendent in the said office and he has been reverted on the post of Circle Assistant in the pay scale of Rs.4500/- to 7000/- with effect from 14.04.1987 as per Annexure-8 to the writ application. Thereafter the petitioner was relieved from G.M. Office with effect from 28.11.2002. It has further been averred that like petitioner one Prafulla Pandey has challenged the order of reversion in CWJC No.5983 of 2000 before the Hon’ble Patna High Court and the case of the petitioner stands on the same footing. Being aggrieved by and dissa
