IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14997 of 2007 JAI RAM SINGH son of Awadh Bihari Singh, Resident of Village- Bishunpura, P.S.Chapra Mufassil, Dist-Saran at Chapra……petitioner Versus 1.THE STATE OF BIHAR 2.The Director In Chief, Health Services, Govt. of Bihar, Patna. 3.The Regional Deputy Director, Health Services, Saran at Chapra. 4.The Civil Surgeon-Cum-Chief Medical Officer, Saran at Chapra. 5.The Medical Officer, Additional Primary Centre,Golden Ganj, Chapra. for petitioner:Mr.Ashok Kr.Singh,Mr.Manisha Singh,Mr.Mayank Shekhar,Advocates For State:Mrs.Nivedita Nirvikar,G.P.16 ---------- 5/ 18-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. The writ petition was originally filed by Jai Ram Singh son of Awadh Bihari Singh, Resident of Village-Bishunpura, P.S.Chapra Mufassil, Dist-Saran at Chapra but on account of his death during the pendency of the writ petition he has been substituted by his widow Most. Dewanti Devi. Reference to the term petitioner in this order shall mean reference to the deceased-petitioner, Jai Ram Singh. The petitioner prayed for quashing of an order issued under the signature of Respondent No.4 the Civil Surgeon-Cum-Chief Medical Officer, Saran at Chapra contained in Memo No.2484 dated 23.5.2007 (Annexure-1) whereby altogether 13 persons including the petitioner and one Ramanand Mishra were reverted 2 from Class-III post to Class-IV post purportedly in compliance of an order passed by this Court on 7.7.2005 in L.P.A No.448/05. There is no dispute on facts. Petitioner was appointed as a Night Guard in ANM School, Saran at Chapra in the year 1970. While working he passed matriculation examination and thereafter he was promoted after following due procedure through Memo No.2312 dated 19.4.1972 on the post of a Clerk. He received confirmation on the post of LDC and all perks etc of a Clerk without any dispute till the impugned order was issued covering the petitioner and several others. The dispute arising in this case has already been decided in the case of Ramanand Mishra (CWJC. No.8956/07) by a judgment and order dated 23.6.2008. Following the said judgment three other writ petitions bearing (CWJC. No.10969/07) Gaffar Ansari & Ors disposed of on 7.11.2008, Sunil Kumar Yadav and Ors (CWJC. No.9025/07) disposed of on 24.10.2008 and Lagan Deo Prasad and Anr (CWJC No.9409/07) disposed of on 24.10.2008 have been passed taking consistent view that the judgment of the 3 L.P.A. had no application to the facts of the employees reverted by the impugned order. The matter in the L.P.A related to promotion of a technical employee on a non technical post and those promotions were made from 1992 onwards. The case of reverted employees including the petitioner which have been allowed by different judgments related to promotions from non technical post to Class-III post and were made much prior to 1992. Following the aforesaid judgments this writ petition is allowed. The impugned order dated 3.5.2007 is set aside in so far as it relates to the petitioner. Since the original writ petitioner has died and his widow is before this Court, the Respondents are directed to ensure that consequential benefits if any including post retiral benefits are made available to the widow of the original petitioner and other heirs if any as per law without any delay within four months from the date of communication/production of a copy of this order. perwez (Shiva Kirti Singh, J.)