- (1.) BOTH these writ petitions have been filed by the petitioners against the respondents. Since the issues involved in both these writ petitions are linked together, they are disposed of by this common order. In the 1st writ petition vide WPS No. 3555 of 2008 the petitioner has prayed for issuance of a direction commanding upon the respondents to follow the schedule of training as per clause 7 of the terms and conditions of the order of his appointment dated 6.12.2007 ( annexure 1/annexure 4) for deputing him for the second phase of training, since such training is a component of his probation and to which he is eligible. During the pendency of the writ petition, the ad - hoc promotion of the petitioner on the post of Junior Accounts officer on probation was withdrawn and he was reverted to the substantive post of Senior Accountant. Being aggrieved, the petitioner filed the second writ petition (WPS No. 5093 of 2008) in which he has prayed for quashing the letter No. JTC 105/SEA/ 2008 -09/32 dated 29.7.2008( annexure 9) issued under the signature of respondent no. 6, namely the Chief Accounts officer (FC) of the respondent BSNL, Jharkhand Telecom Circle, Ranchi, whereby the petitioner while on probation, was reverted from the post of Junior Accounts Officer to the post of Senior Accountant at a lower scale w.e.f. 29.7.2008 retrospectively. Further prayer has been made for setting aside the Circular dated 11.5.007 ( annexure 12) issued by the respondent declaring that an employee who has been promoted on ad hoc basis and has held the post for a period less than one year, could be reverted to the post substantively held by him when disciplinary proceedings is initiated against him.
(2.) HEARD the learned counsel for the petitioner and the respondents. Facts of the petitioner ˜s case , in brief, are as follows : The petitioner was initially appointed as a Lower Division Clerk in the office of the Chief General Manager (Telephones), Patna, and was subsequently promoted to the post of Junior Accountant and later, to the post of Senior Accountant. Considering his satisfactory performance of service, he was given officiating promotion on the post of Junior Accounts Officer of Indian Accounts & Finance Group B on 6.8.2004. Such promotion was given for a period of 180 days. He joined on the promoted post ( Junior Accounts Officer) on 9.8.2004. By letter dated 18.1.2005, his officiating promotion was terminated and after notional break of one day, he was again given promotion for 180 days.
(3.) AFTER completion of OT, the Senior Accountants were absorbed on the posts of Junior Accounts Officer (JAO) under 10% quota. The petitioner was also absorbed and granted ad hoc promotion on the post of Junior Accounts Officer and kept on probation for two years and after his completion of 4 weeks phase -1 training, he was posted as Junior Accounts Officer by order dated 7.12. 2007. The benefit of such promotion including his salary as applicable to JAO was fixed and paid to him .;