S.J. Mukhopadhaya, J. - (1.) THIS application has been preferred by the petitioners against the order contained in Memo No. 634 dated 11th July. 2000 issued by the Executive Engineer (Mechanical). Road Construction Department, Mechanical Division. Ranch!, whereby and where under giving reference of letter Nos. 1115 dated 4 -2 -99; 570 dated 5 -6 -2000 and oral order issued/given by the Chief Engineer (Mechanical). Road Construction Department, Patna the Petitioners have been reverted to their substantive post from which they were earlier promoted to the post in question. The sole ground shown therein that the order was issued because of paucity of fund not allotted to the Division by the State.
(2.) ACCORDING to the counsel for the petitioners, the order of reversion cannot be issued from retrospective date as made vide order dated 11th July. 2000 and it' there is paucity of fund, instead of reversion, the Respondents should have, released fund for payment in favour of petitioners. The petitioners have enclosed relevant enclosures to suggest that their cases were considered by the Circle Level Establishment Committee in its meeting dated 26th September. 1995 (Annexures 1. 2 & 4) and they having found fit for promotion to higher post, they were promoted vide Order No. 222 dated 28th September, 1995 (Annexure -5), issued by the Superintending Engineer (Mechanical) Mechanical Circle. Road Construction Department. Ranchi. Such order of promotion was issued after due approval of the Chief Engineer, vide letter No. 309 dated 8th December. 1996 and the posts against which the petitioners were working were abolished (vide Annexure -5).
(3.) THE petitioners 1 and 2 were promoted as compiling Clerk whereas petitioners 3 and 4 were promoted as Store Clerk.;