M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for quashing the order as contained in letter 65 dated 26.2.2002 issued by the Regional Director, Health Services, Santhal Pargana Division, Dumka whereby he directed the Civil Sur -geon -cum -Chief Medical Officer, Deogharto revert the petitioner on his original post of Peon.
(2.) THE petitioner 'scase is that he was appointed as Class IV employee on daily wages basis in 1979. In 1984 he was regularized in Class IV post against the sanctioned vacant post of Male Ward Attendant. In the year 1990 the petitioner was provisionally promoted in Class III post as Statistical Assistant vide memo No. 1599 dated 15.10.1990 issued by the Civil Sur -geon -cum -Chief Medical Officer, Deoghar. In the year 2001 when petitioner was posted as clerk in Additional Primary Health Centre, Baghmara he was transferred on his representation to Sadar Hospital, Deoghar as Store Keeper. It is contended that surprisingly he received the impugned letter whereby the Civil Surgeon -cum -Chief Medical Officer was directed to revert him to his original Class IV post. It is contended by the petitioner that he was having requisite qualification at the time when he was promoted in class III post and since 1990 he has been continuously working on the said post. The decision of the respondent to revert him in Class IV post is absolutely illegal and arbitrary. The respondents case on the other hand is that in the year 1990 the petitioner was promoted to Class III post on the recommendation of the Health Minister, Bihar Patna which was not in accordance with the promotion rules.
(3.) MRS . Ritu Kumar, Government Pleader No. IV vehemently argued that the very induction of the petitioner in Class III post in the year 1990 in the garb of provisional promotion was illegal and therefore, no legal right has accrued to the petitioner to continue in Class III post.;