IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14966 of 2005 with CWJC No.15204 of 2005 CWJC No. 14966 of 2005: Md. Mustaque Ahmad Ansari, son of Md. Quimuddin, village Sikrahata Khurd, PS Sikrahata, Dist. Bhojpur, at present posted and working at Additional Primary Health Centre, Oeyab, Asthawan, District Nalanda – petitioner. Vs. 1) The State of Bihar, 2) Director in chief, Health Services, Bihar, Patna. 3) Civil Surgeon cum Chief Medical Officer, Nalanda. 4) Incharge Medical Officer, Addl. Primary Health Centre, Oeyab, Asthawan, Dist. Nalanda. 5) Incharge Medical Officer, Primary Health Centre, Giriyak, District Nalanda – Respondents. CWJC No. 15204 of 2005: Sajjad Zafro @ Sajjad Zafri, son of Late Md. Mubarak Hussain, village Khasganj, PS Sohsarai, district Nalanda, at present posted and working as Clerk at Sadar Hospital, Bihar Sharif, District Nalanda – petitioner. Vs. 1) The State of Bihar, 2) Director in Chief, Health Services, Bihar, Patna. 3) The Civil Surgeon cum Chief Medical Officer, Nalanda. 4) Incharge Medical Officer, Sadar Hospital, Bihar Sharif, Nalanda. 5) Incharge Medical Officer, Sarmera, District Nalanda – Respondents. … 6 8.3.2011 In `both the writ petitions, the petitioners are aggrieved by order, dated 23.11.2005 contained in Annexures 7 and 9 by which both the petitioners have been reverted from Class III post to Class IV post. The petitioners were appointed on daily wages and were later regularized as Male Ward Attendant. The petitioners based their submissions on orders of this court in CWJC No. 14984/2005 disposed of on 6.5.2008. In both these cases the petitioners were reverted from higher post to their original post after being granted promotion. This court quashed the order of reversion on the ground that it was issued without following the principles of natural justice. It has been argued on behalf of the State that the case of 2 Arvind Kumar Yadav vs. State of Bihar and others reported in 2005 (3) PLJR 642 covers the case of Basic Health Workers. The facts are that Arvind Kumar Yadav and others were promoted from technical cadre to a non-technical cadre and thus this court held that they could not have been promoted to a non-technical post, besides this, this court also came to the conclusion that Arvind Kumar and others were in fact already holding Class III posts and as such the court held that there is no question of promotion to the same class. The order impugned was passed after noticing Arvind Kumar Yadav and other affected persons. The case of the petitioners stands on a different footing altogether inasmuch as they were working on a non-technical post and promoted on a non-technical post. Moreover, the petitioners’ promotion has been cancelled without giving them any show cause and as such the orders issued vide memo no. 2543, dated 23.11.2005 has to be quashed by this court. At this stage the State counsel submits that he has instruction that perhaps the impugned order has been withdrawn. In case the impugned order has been withdrawn by the department concerned, obviously the petitioners have been granted the relief. In case it has not been withdrawn as stated above, the order stands quashed. It is made clear that the petitioners would be entitled to all the consequential relief as a result of quashing of the impugned order. These writ petitions are allowed. haque ( Sheema Ali Khan, J.)