IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6334 of 2002 Uma Shanker Seth son of late Kashi Seth, Laboratory Assistant, Testing and Research Institute, Public Works Department, Bihar, Patna. Versus 1. The State of Bihar through Commissioner, Kendriya Nirupan Sangathan, Public Works Department, Bihar, Patna. 2. The Secretary, Finance Department, Government of Bihar, Patna. 3. The Chief Engineer, Kendriya Nirupan Sangathan, Public Works Department, Bihar, Patna. 4. The Director, Testing and Research Institute, Public Works Department, Bihar, Patna. ----------- For the Petitioner :- Mr. Mahendra Prasad Sharma For the State : Mr. Amarnath Deo ------- 3 20/01/2009 Heard learned counsel for the petitioner and the State. The petitioner, who held the post of Laboratory Khalasi was promoted to the post of Laboratory Assistant by an order dated 23.12.1998 with effect from 1.1.1983. He was divested of the promotion by order dated 13.8.2001. Apart from the issue that the order of cancellation was in violation of the principles of natural justice, that aspect need not be considered in detail as the respondents have taken an un-sustainable stand in paragraph 7 of the counter affidavit. The stand of the respondents is that matriculation was an essential qualification for promotion from Laboratory Khalasi to Laboratory Assistant. The petitioner had passed the matriculation examination in December, 1982. According to the respondents themselves the petitioner held the requisite qualification on the date when he was promoted i.e. 1.1.1983. The peculiarity of the stand of the respondents is that since the petitioner appeared at the - 2 - matriculation examination while in service without permission of the authorities, he is not entitled to the benefit of the same. The attitude of the respondents in contesting the writ petition on the aforesaid ground, merely for the purpose of contest wasting precious time and money, is difficult to appreciate. In the circumstances, the impugned order dated 13th August, 2001 is set aside. The petitioner is entitled to wages for the post of Laboratory Assistant from 23.12.1998 till the date of his superannuation which is said to be 28.4.2002 and shall be deemed to be holding the post of Laboratory Assistant for all other purposes continuously from 1.1.1983. Let the pension and other retiral benefits of the petitioner be re-fixed accordingly and all arrears including the arrears of salary be paid to him within a maximum period of four months from the date of receipt/production of a copy of this order. With the above direction, this writ application is allowed. (Navin Sinha, J.) AMIN