STATE OF BIHAR Vs. DHAN KUMAR TIWARY

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 29th July 2010 passed by the learned single Judge in above CWJC No. 2127 of 2007, the respondents State of Bihar & others have preferred this Appeal under Clause 10 of the Letters Patent.

(2.) The subject matter of dispute is the promotion granted to the writ petitioner, a work-charged employee, promoted as Junior Mechanic Grade II on 8th September 1979 and the order dated 17th October 2006 cancelling the said order of 8th September 1979 and the orders of further promotion.

(3.) It appears that the petitioner, then a work-charged employee, was promoted as Junior Mechanic Grade II on 8th September 1979. Since his promotion, on 6th May 1982 his service was regularized. After regularization of his service, he was given the benefit of further time-bound promotion and other service benefits. After 26 years, the State Government realized that the promotion granted to the petitioner on 8th September 1979 was illegal and contrary to the rules. Consequently, by order dated 17th October 2006, the prornotion order dated 8th September 1979 was cancelled, and consequently, the dates of further promotions granted to the petitioner have been re-adjusted. A direction has been issued to recover the amount of difference in salary. The challenge to the aforesaid order dated 17th October 2006 in above CWJC No. 2127 of 2007 has been upheld by the learned single Judge. Therefore, this Appeal.