IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10969 of 2007 GAFFAR ANSARI & ORS Versus THE STATE OF BIHAR & ORS ----------- No3 7-11-2008 Heard learned counsel for the petitioners and learned counsel for the State. The three petitioners are aggrieved by the impugned order dated 23-5-2007 contained in annexure-15 whereby they along with some others including one Ramanand Mishra have been reverted from Class-III posts to Class-IV posts on the ground that their explanations were not found satisfactory and order was being passed in the light of judgment and order dated 7-7-2005 in L.P.A. No. 448 of 2005. On behalf of petitioners it has been submitted that the judgment and order of the Division in the aforesaid L.P.A. has no application to the case of the petitioners because in the L.P.A. the promotions related to persons promoted from technical post to non-technical post which had been made from 1992 onwards whereas petitioners are not alleged to be holders of technical posts and they were promoted much earlier. Petitioners 1 and 2 claim to have been promoted from Class-IV to Class-III posts in 1983 and petitioner no.3 claims to have been promoted in the year 1991. It has further been submitted that the impugned order is non-speaking order which does not mention as to what was the illegality in the promotion of the petitioners so as to justify its cancellation and how the petitioners were responsible for the said illegality. It has further been submitted that the case of the petitioners stands on same footing as that of one Ramanand Mishra whose name is also at serial no.4 and whose writ petition bearing C.W.J.C.No. 8956 of 2007 was recently allowed on 23-6- 2008. A copy of that judgment and order has been annexed as annexure-16. That order shows that for the Naresh aforesaid reasons and relying upon a decision of this court reported in 2008(2) PLJR 371 (Ganesh Tanti Vrs. State of Bihar & ors), the writ petition of Rama Nand Mishra was allowed and the same very impugned order dated 23-5-2007 was set aside without prejudice to the rights of the respondents. In the facts of the case, following the judgment and order in the case of Rama Nand mishra (Annexure-16), this writ petition is allowed and the impugned order dated 23-5-2007 (annexure-15) in so far as it relates to the three writ petitioners, is hereby quashed. ( Shiva Kirti Singh,J)