Guru Sharan Thakur vs The State of Bihar and Others

V.N. Sinha, J.—Heard learned Counsel for the petitioner and the State. Petitioner superannuated while serving as Irrigation Revenue Inspector with effect from 31.8.2008 and has been visited with an order bearing Memo No. 574 dated 8.6.2009 (Annexure-1) whereunder second time bound promotion granted with effect from 10.5.1993 in the scale of Rs. 1320-2040 has been cancelled in the light of the departmental letter No. 641 dated 11.5.2009.

It is submitted on behalf of the petitioner that petitioner was appointed as Moharir in the revenue collection wing of the Irrigation Department with effect from 10.5.1968 and if his service is counted from that date then the cancellation of the second time bound promotion granted to him with effect from 10.5.1993 is wholly non est but authorities ignoring the date of appointment as 10.5.1968 has proceeded to count 25 years service of the petitioner with effect from 1.1.1972 the date on which he was appointed as Irrigation Revenue Inspector earlier known as Tahsildar in the same scale as that of Moharir. In this connection it is pointed out that the petitioner was appointed as Moharir on 10.5.1968 and when his appointment was converted into Irrigation Inspector on 1.1.1972, at that time also he continued in the same scale in which he was originally appointed as Moharir. As such, the authorities are required to count 25 years service from the date of initial appointment and not from the date of conversion of the appointment of the petitioner from Moharir to Revenue Inspector i.e. 1.1.1972.

Let the petitioner highlight the aforesaid aspect of the matter before the Director, Revenue Administration of the Water Resources Department, who should consider the matter in accordance with law taking into account the scale of the post of Moharir and Revenue Inspector on the respective dates i.e. 10.5.1968 and 1.1.1972 and if the scale of both these post was similar, then the conversion of the appointment of the petitioner from Moharir to Revenue Inspector cannot be taken as fresh appointment.

The representation filed in the light of this order be considered and dispose of as early as possible in any case within two months from the date of its receipt alongwith a copy of this order. This writ application is accordingly disposed of.