Vikramaditya Prasad, J. - (1.) THIS writ has been filed for quashing Annexure 8 by which time bound promotion granted to the petitioner with effect from 1.4.1981 was cancelled on the ground that the petitioner was given that promotion without his having passed the accounts examination and further the excess payment was directed to be recovered from him. Secondly by the said order the petitioner was reverted back to the post of Store -clerk.
(2.) THE petitioner was appointed as Store -clerk and subsequently by order dated 30.1.1982, Annexure 2. The service of the petitioner was made permanent on the post of Store -keeper. It appears that earlier also the petitioner had moved the Patna High Court against the cancellation of his time bound promotion and that order was set aside in CWJC No. 7125 of 1997, Annexure 6 and the Chief Engineer was directed to dispose of the representation of the petitioner keeping in view the observation made by the Court and consequent thereto the impugned order has been passed.
(3.) DURING the course of argument the learned counsel for the petitioner relied on a decision of the Patna High Court reported in : 1996 (1) PLJR 750, besides relying one decision of the apex Court reported in and . The learned single Judge of this Court has held that the promotion given 15 years back cannot be cancelled on the ground of non - passing of the accounts examination, in view of the fact that the petitioner had functioned in that capacity and even retired. In the instant case the petitioner had not retired when the impugned order had been passed. The promotion Was given with effect from 1.4.1981 by order dated 30.6.1986 which was recalled by Annexure 8 on 11.5.2000 i.e. after 14 years of the promotion granted to the petitioner. Thus the petitioner has functioned on that post of Store -keeper after being promoted on 30.6.1986 with effect from 1.4.1981. Therefore, the petitioner is deemed to have functioned on that post for more than 20 years, and that order was recalled.;