Mahendra Ram vs State of Bihar and Others

Heard learned Counsel for the parties.

This appeal is directed against the order dated 4.1.2002 passed by the learned single Judge dismissing the writ application filed by the Appellant challenging the order, as contained in Annexure-5 to the writ application, by which he has been posted as Chaukidar in the Insemination Bank of the Animal Husbandry Department.

The case of the Appellant is that the said posting amounts to his reversion as he has been working as Bull Attendant since 1972 and at the fag end of service he cannot be reverted back to the said post.

Learned single Judge has held that as admittedly the Appellant was appointed as Chaukidar, he was only allowed to continue as Bull Attendant and on that basis he cannot claim benefit of being posted as Bull Attendant and get benefit of the said post.

From perusal of the counter affidavit filed on behalf of the State, it appears that before 1.1.1996 when the Government revised the scale of the employees by resolution dated 8.2.1999 post of Bull Attendant as well as Chaukidar was 4th grade post having different designation but the scale was the same and the said posts, were transferable from one post to another. Thus, the posting of the Appellant as Bull Attendant prior to 1996 was not contrary to law. As the Appellant continued on the post of Bull Attendant since 1972, in our view. he is entitled to revised scale available to Bull Attendant since 1996 for the simple reason that his posting as Bull Attendant was not in breach of statutory provisions.

Accordingly, the impugned order posting the Appellant as Chaukidar is quashed and he will be treated to have continued as Bull Attendant till the date of his superannuation (it is reported that he has already superannuated). It is made clear that the Appellant will be allowed to get monetary benefits including retiral benefits as if he has retired as Bull Attendant.

In the result this appeal is allowed and the order of the learned single Judge is set aside.