- (1.) THIS appeal has been preferred by Mineral Area Development Authority, Dhanbad (M.A.D.A. in short) against the judgment passed by the learned single Judge on 23.9.1997 in CWJC No. 3337 of 1996(R), whereby and whereunder the learned single Judge held the reversion of the respondent, Daroga Prasad Sinha, writ petitioner to the original post of junior pump driver unjust, arbitrary and mala fide.
(2.) AS this appeal can be disposed of on short point, it is not necessary to discuss all the facts except the relevant admitted facts. The respondent -writ petitioner, Daroga Prasad Sinha, was initially appointed as junior pump driver under the appellant, MADA, in the year 1974. Subsequently he was appointed to the next higher post of patrolling inspector by order No. 189 dated 15.4.1976, issued by the Engineer, Jharia Water Board, Dhanbad in anticipation of sanction by the competent authority. He thereafter was transferred as patrolling inspector from one place to other and was also paid salary of the post of patrolling inspector for the period from 15.4.1976 to 1.7.1977. Thereafter the respondent -appellant did not choose to pay the salary in the scale of patrolling inspector but paid the salary of the next lower post of junior pump driver to which the respondent -writ petitioner, Daroga Prasad Sinha, was initially appointed. The respondent -writ petitioner however worked as patrolling inspector. In pursuance of the order dated 14.9.1992, he was reverted to the post of junior pump driver. The claim of the respondent -writ petitioner was that in pursuance of an order of S.D.O. dated 16.8.1993, he was also looking after the work of higher post of patrolling inspector in addition to his own post until further order. Subsequently by order dated 15.7.1994, the respondent -writ petitioner was made incharge of the higher post of foreman which had fallen vacant due. to superannuation of one Balram Mahto.
(3.) THE Secretary of the appellant MADA issued one order on 5.1.1996, whereby, the respondent -writ petitioner was reverted to the post of junior pump driver. The respondent -writ petitioner being aggrieved challenged the said order in CWJC No. 3337/96 (R) with further prayer to issue an appropriate order directing the appellant -respondent to confirm him on the post of foreman/patrolling inspector. The said writ petition having been allowed by the impugned judgment dated 23.9.1997. This appeal has been preferred by MADA.;