- (1.) THIS writ petition has been preferred for issuance of an appropriate writ, order or direction for quashing the order contained in letter no. 186, dated 7.11.2003 (Annexure -7) which has been passed by the Deputy Development Commissioner cum -Chief Executive Officer, Zila Parishad, Giridih without any application of mind to the directions of this Hon'ble Court contained in Judgment dated 8.9.2003 (Annexure -6) passed in C.W.J.C. No. 2109 of 1995(R) whereby and whereunder this Hon'ble Court had directed the Respondent -Deputy Development Commissioner -cum -Chief Executive Officer to reconsider the matter of reversion keeping in view the directions contained therein but without any application of mind and without considering the rules, the relevant factors and also the fact that the impugned order of reversion was issued after 22 years, the impugned order was passed by relying upon a letter dated 6.11.1999 which itself was void and nonest since the same was issued in the teeth of the interim order dated 19.8.1995 particularly, when, the petitioner had filed supplementary affidavit annexing documents to show that he was still continuing on the post of Assistant and the said statement was never denied by the respondents by filing any reply.
(2.) THE facts, in brief, are set out as under: - The petitioner was appointed in lila Parishad, Giridih on the Post of Dattari as IV grade employee vide Memo No. 636 dated 22.12.1973 and was promoted as Office Assistant on 26.7.1981 with a specific condition that he will pass in the typing test examination conducted by the lila Parish ad within three months from the date of promotion. Petitioner not passed the typing test examination but remained In service in Zila Parishad, Giridih. It appears that typing test examination was conducted on 26.10.1991, 7.7.1992, 20.12.1993, 11,4.1994 and on 16.6.1994 and the petitioner appeared twice on 26.10.1.991 and 7.7.1992 but failed in the examination and thus, - the condition was not' fulfilled. Accordingly, a show cause notice was issued to him as to why he should not be reverted back to the post of Dattari. In the meanwhile, deduction was made from the salary of the petitioner on month to month basis but in compliance of the order passed by this court he was paid the entire deducted salary. In the meantime, vide Audit Report dated 30.6.1987 it was found that the promotion of the petitioner was illegal and the condition laid down in the Government Orders and Statutory Rule 78(a)(i) of Bihar Service Code were not followed. It appears that the petitioner had filed a writ petition being CWJC No. 21091 95(R) and vide interim order dated 9.8.1995 the impugned order dated 26.6.1995 was stayed. Finally, vide a detailed speaking order the said writ petition was disposed of vide order dated 8.9.2003 directing the lila Parishad, Giridih or the Deputy Development Commissioner -cum -Chief Executive Officer, lila Parishad, Giridih to reconsider the matter. Upon the matter being remitted back the Deputy Development. Commissioner -cum -Chief Executive Officer, lila Parishad, Giridih vide its impugned order dated 7.11.2003 while considering the order rejected the representation of the petitioner which laid down to filing of present writ petition.
(3.) THE admitted fact remains that the promotion of the petitioner was cancelled and he was reverted in the year 1995 itself. However, there was a stay order which continued till the matter was finally disposed of but he continued on the said post in view of the stay order passed by this court vide its order dated 9.8.1995.;