D.G.R. Patnaik, J. - (1.) BOTH these writ applications arise out of a common impugned order dated 28.02.2004 (Annexure -25) passed under the signature of the Respondent No. 3 whereby the upgradation/adjustment of the petitioners against the post of Assistant Sub -inspector (Technical), has been cancelled and they have been reverted to the post of Literate Constable (Technical).
(2.) THE grounds of challenge to the impugned order, as raised by the petitioners, are that the order of reversion is totally illegal and could not have been resorted to in absence of any charge of misconduct or any fault on the part of the petitioners and that the impugned order is wholly arbitrary, illegal, unjust, improper and without jurisdiction and it was passed even without offering any opportunity to the petitioners to explain as to why they should not be reverted to the post of Literate Constables. Heard counsel for the parties.
(3.) LEARNED Counsel for the petitioners would explain that by an office order No. 1886/82, the petitioner Nos. 1 and 2, upon their being selected by the Selection Committee, were initially appointed on the post of Literate Constables (Mechanic) on temporary basis in the pay scale of Rs. 425 -605/ - By a similar order dated 19.01.1984, the petitioner No. 3 was appointed as Literate Constable (Technical) in the same pay scale. By order dated 19.11.1979, the petitioner No. 4 was initially appointed as Literate Constable (Mechanical) in the pay scale of Rs. 205 - 284/ -. All the petitioners were sent for Grade -III training and after completing their training, they had appeared at the qualifying examination conducted by the Ministry of Home Affairs, Director of Co -ordination, Police Wireless, Government of India, New Delhi. Upon their passing the departmental examination, the petitioners became eligible for their promotion to the higher post of Assistant Sub inspector (Technical) in the Wireless Department. Upon assessment made by the Assistant Inspector General of Police (Inspection), Bihar, Patna based upon verification of the entire records and relevant documents, the Deputy Secretary (Home) was informed that there were 81 sanctioned posts of Assistant Sub -inspector (Technical) in the Wireless Department. On being apprised of the existence of 81 sanctioned posts, the Deputy Inspector General of Police (Wireless) granted promotion to all the persons who had passed the Grade -III examination, to the post of Assistant Sub inspector (Technical). The petitioners too had benefited by the order of such promotion/upgradation to the post of Assistant Sub -inspector (Technical) with effect from 16.12.1995. Learned Counsel explains further that as a matter of fact, upon considering the fact that there was actually no post of Literate Constable (Technical) in the organization and in compliance with an order passed by the Patna High Court in a writ application vide C.W.J.C. No. 4193 of 1989, the Literate Constables including the petitioner, were upgraded to the post of Assistant Sub -inspector (Technical) in the department. The petitioners were accordingly enjoying the benefits of the higher posts on which they were confirmed with effect from the date of their passing the Grade -III examination. Furthermore, a gradation list of all such Assistant Sub -inspector (Technical) was prepared by the Assistant Inspector General of Police (Wireless), Bihar which which the names of the present petitioners also figured.;