IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1610 of 2010 1. MOHAMMUDDIN S/O LATE ALISER MIAN R/O VILL.- RAGHUNATHPUR, P.S.- BRAHMPUR, DISTT.- BUXAR. VERSUS 1. THE STATE OF BIHAR 2. DIRECTOR-IN-CHIEF HEALTH SERVICES, BIHAR, PATNA 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER BHOJPUR AT ARA 4. REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES PATNA DIVISION, PATNA 5. INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, BIHIAN, BHOJPUR ----------- 02 23.07.2010 The petitioner was recruited as a Basic Health Worker, a Class-IV post. After working for over 12 years, as such, he was granted promotion to Class-III post. While working on Class-III post, it appears that litigation started between some other and the State and the matter came to this Court. This Court held that promotion from Class-IV to Class-III granted was apparently not in order. Petitioner was not a party in those proceedings, but apparently taking a clue from the said order at departmental level, the matter was examined and several persons like the petitioners were found to be wrongly promoted from Class-IV to Class-III post. Accordingly, they were directed to be reverted back and all excess payment made was ordered to be recovered from them. The petitioner filed an appeal before the Director-in-Chief, Health Services, Bihar, Patna, which was also rejected. Petitioner has since superannuated and has approached this Court for a relief of being reinstated in the status of Class-III post. Petitioner states that the entire proceedings were taken - 2 - up ex parte. There was no departmental proceedings initiated and, as such, petitioner could not be reverted. Be that as it may, considering the matter that the petitioner is unable to assail the order on merit, I do not intend to interfere with the order in its substantive part. However, so far as amount of recovery is concerned, certainly as petitioner was not at fault and had worked at the higher post, there cannot be any recovery from the petitioner of the amount paid to him. Similarly, the petitioner cannot make claim for payment in accordance with his post as Class-III employee. Thus, while upholding the reversion of petitioner and not interfering with that, I direct that parties would not claim any money either by way of refund or by way of dues. Petitioner be deemed to have superannuated on basis of original post on Class- IV. With these observations and directions, the writ petition stands disposed of. Trivedi (Navaniti Prasad Singh, J.)