CHANDRA MOHAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from the order dated 11.3.2011 passed in C.W.J.C. No.17180 of 2010 affirming the decision taken of the Director, Mathili Academy (hereinafter referred to as 'the Academy') to cancel the promotion of the appellant and to recover the excess salary paid to the appellant.

(2.) The appellant had challenged the order dated 6.8.2010 of the Director, Higher Education, Government of Bihar, declaring the promotion of the appellant to the post of Personal Assistant illegal, affirming his earlier view dated 5.4.2010, also under challenge directing recovery of excess amount paid to the appellant contrary to the Government order dated 8.12.2001.

(3.) In this appeal the primary question raised by the appellant is that he was appointed to the post of Routine Clerk after following due process of law by advertisement and competitive selection. The payment that has been made to him cannot be deducted on the ground that sanctioned vacancy did not exist as it was a unilateral act attributable to the Academy for which he cannot be allowed to suffer. It is additionally urged that his appointment should be treated valid from the initial date and not from the date when the Government has adjusted him on the post of the Routine Clerk on promotion of one Mr. Raj Kumar Jha to the post of Assistant with effect from 16.2.2001. There are no allegations of the appellant having obtained appointment through back door, illegally or playing fraud.