IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10915 of 2009 RAM PRASAD SINGH, Son of Late Nathun Singh, resident of village – Lawabar, P.S. Kothi, District – Gaya. …… Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary, Road Construction Department, Bihar, Patna. 3. The Chief Engineer (Yantric), Yantric Upbhag, Path Nirman Vibhag, Bihar, Patna. 4. The Superintending Engineer (Yantric), Rastriya Uccha Path, Yantric Anchal, Patna. 5. The Executive Engineer, Rastriya Uccha Path, Yantric Pramandal, Dehri- on-son, District – Rohtas. ……. Respondents. ----------- 02/ 28.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the office order bearing memo no. 676 dated 1.8.2008, Annexure-3, whereunder directions have been made to recover the salary paid to him of the post of Batching Plant Operator for the period between 7.2.1981 till the date of the order as he was paid salary for the said post in the higher scale without that post being in existence. Under office order bearing memo no. 36 dated 6.2.2009, Annexure-4 direction has been made to recover Rs.4,000/- per month from the current salary and Rs. 4,68,671/- from his terminal dues. 3. It is submitted on behalf of the petitioner that the aforesaid two orders dated 1.8.2008 and 6.2.2009 are wholly without jurisdiction as he was allowed to serve as Batching Plant Operator by the competent authority namely the Superintending Engineer, Mechanical under office order no. 32 dated 7.2.1981 and memo no. 803 dated 21.4.1988, Annexure-2, whereunder he was allowed the scale of the Plant Operator and Batching Plant Operator namely, 205 – - 2 - 284 and 335 – 555 with effect from 7.2.1981. In the circumstances, the order to revert from the post of Batching Plant Operator to that of Class IV post is wholly without jurisdiction. It is further submitted on behalf of the petitioner that the orders dated 7.2.1981, Annexure-1 and 21.4.1988, Annexure-2 were passed without any misappropriation and fraud on the part of the petitioner. 4. Let petitioner assail the order dated 1.8.2008 and 6.2.2009, Annexures – 3 and 4 before the competent authority, namely, Secretary, Road Construction Department, who should consider the same in accordance with law as early as possible in any case within one month from the date of the receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)