IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9887 of 2003 Dayanand Singh, son of late Anirudh Prasad Singh, resident of Officer Colony (Sitala Asthan) Mirchaibari, P.S. Katihar, District Katihar, posted as Falaria Inspector, Falaria Control Unit, Katihar, District Katihar. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary-cum-Commissioner, Department of Health, Government of Bihar, Patna. 3. Director, Health Services, Government of Bihar, Patna. 4. Assistant Director, Health Services, Government of Bihar, Patna. 5. The Falaria Officer, Falaria Control Unit, Katihar, District Katihar. ---------- Respondents With CWJC No.9884 of 2003 Prabhat Kumar, son of late Shri Ram Bhajan Singh, resident of Mohalla Kaishth Tola, P.S. Saharsa, District Saharsa, posted as Biologist Falaria Control Unit Headquarter, Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Secretary-cum-Commissioner, Department of Health, Government of Bihar, Patna. 3. Director, Health Services, Government of Bihar, Patna. 4. Assistant Director, Health Services, Government of Bihar, Patna. 5. The Falaria Officer, Falaria Control Unit, Patna. -------- Respondents ----------- 3 20.09.2010 Having heard learned counsel for the parties as with regard to the following prayer of both the petitioners being confined to their order of reversal, CWJC No.9887 of 2003 “1. That this application is directed against the order issued vide Memo No. 429 dated 23.6.2003, by the Assistant Director (Respondent no.4), as contained in Annexure-4, so far it relates to this 2 petitioner whereby and whereunder the petitioner has been reverted back to the post of Superior Field Worker from the post of Falaria Inspector and the prayer herein is for the issuance of an appropriate writ in the nature of a writ of certiorari for quashing the aforesaid order, as contained in Annexure-4 to this application.” CWJC No.9884 of 2003 “1. That this application is directed against the order issued vide Memo No. 429 dated 23.6.2003, by the Assistant Director, Health Services (Falaria Control), Bihar, Patna (Respondent no.4), as contained in Annexure-4, so far it relates to this petitioner whereby and whereunder the petitioner has been reverted back to the post of Falaria Inspector from the post of Biologist, Falaria Control Unit in its Headquarter, Patna and the prayer herein is for the issuance of an appropriate writ in the nature of a writ of certiorari for quashing the aforesaid order, as contained in Annexure-4 to this application.” this Court is of the opinion that though the petitioners were given show cause notice and had also submitted a reply but its consideration does not seem to be in the impugned order. 3 While the petitioner, namely, Dayanand Singh claims to be worked on a Superior Field Worker in Falaria Control Scheme and was sought to be promoted on the post of Falaria Inspector, the petitioner, namely, Prabhat Kumar, working on the post of Falaria Inspector was promoted on the post of Biologist in Falaria Control Unit. Their such order of promotion has been cancelled after a long lapse of time on the ground that the Committee, which had taken their decision to promote them, was not duly authorized, inasmuch as, the State Government had nominated a Committee headed by the Assistant Director, Health Services (Falaria) consisting of Leprosy Control Officer and representative of scheduled tribe officer but then the Assistant Director (Falaria) on his own had constituted another Committee and as such the committee headed by the Assistant Director had not taken a decision of following the scheme of a merit promotion. Mr. Shukla, therefore, would submit that even if the promotion given to the petitioners was by an incompetent 4 authority/committee, the matter should have been viewed from another angle as to whether the petitioners were entitled for such promotion in view of their being admittedly part of the Falaria Control Scheme. Counsel for the State, on the other hand with the help of the counter affidavit, would try to explain that the petitioners’ promotion on the higher post was not only contrary to the Government decision but also that they were not eligible for such promotion on such post of Falaria Inspector/Biologist. Neither of the party has brought on record the materials to show the manner in which the post of Falaria Inspector/Biologist could be filled up whether by 100% direct recruitment from the open market or by promotion and if by promotion from which rank such promotion could be given. It is not the concept of service jurisprudence that any post can become promotional post of other. There is a trace in the counter affidavit filed in the case of the petitioner, namely, Dayanand Singh that he, having been appointed 5 on the post of Superior Field Worker, was not entitled to be promoted on the post of Falaria Inspector as such post of Falaria Inspector was of a very high rank. Such editorial type of stand would not be sufficient to decide the dispute especially when the petitioners’ reversion has also remained in force for more than last seven years after being allowed to hold the promotional post for nearly seventeen years. In that view of the matter, this Court would remit the matter back cases of both the petitioners to the competent authority, namely, the Director-in-Chief of the Health Services, who now will re-consider the cases of the petitioners as to whether the two of them holding the post of Superior Field Worker/Falaria Inspector were entitled for their promotion on the post of Falaria Inspector/Biologist and if it is found that the petitioners’ promotion was in keeping with the departmental rules, the same shall be restored but if it is found that such promotion of the petitioners was wholly unjustified and/or impermissible, reasons for 6 the same shall be given by the Director-in- Chief. It is, however, made clear that in the event the order of reversion of the petitioners is re-affirmed, the Director-in- Chief then would direct for consideration of the case of the petitioners for their cadre promotion and in absence thereof for a time bound promotion from the due date taking into account that they were entitled for such promotion as per the existing Rules and could not be considered and given such promotion only on account of their existing promotion on the post of Falaria Inspector/Biologist. Such an exercise, however, in case of both the petitioners, must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, both of the aforementioned cases are disposed of. Rsh (Mihir Kumar Jha, J.)