IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.44 of 2009 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Health, Government of Bihar, Patna. 3. The Director-in-Chief Health Services, Govt. of Bihar, Patna. 4. The Regional Director, Health Services, Saran Division at Chapra. 5. The Civil Surgeon, Saran at Chapra. 6. The Collector, Saran at Chapra. Versus CHANDRAKET NARAIN SINGH sonof Late Ram Sakal Singh, resident of village Bishun Puara, P.O. Jalalpur, P.s. Chapra Mufassil, DistrictSaran at present Shakti Nagar, P.S. Chapra mufassil, District Saran. ----------- For the Appellants :- Mr. Ravindra Kumar Chaubey, G.P. VII For the Respondent :- M/s. Suresh Prasad Singh No. 1 & Ritesh Kumar Singh ------- 6 13/4/2009 This Letters Patent Appeal has been filed by the State against the order dated 24.6.2008 passed by a learned Single Judge in C.W.J.C. No. 14804 of 2007 by which the order of reversion of the writ petitioner-respondent dated 22.10.2007 from the post of Clerk to the post of Computer has been quashed. The petitioner was appointed on the post of Computer by order dated 6.12.1970 in the health department of the State Government which he joined on 14.12.1970. The petitioner- respondent alleges that since his joining he was discharging the duty of the Clerk although he was appointed on the post of Computer. In the meantime, he passed the examination of Drafting and Accountancy and was posted as Clerk vide Annexure -2, a Class III post. The scale of both the posts was same at that time. In 1983 the - 2 - petitioner-respondent was again reverted to the post of Computer by order dated 12.5.1983. He challenged the same along with others in C.W.J.C. No. 2585 of 1983. A Division Bench of this Court vide order dated 1.11.1983 quashed the order of reversion as being contrary to law inasmuch as no opportunity was given before reducing the petitioner in rank. It was made clear in the order dated 1.11.1983 that it would be open to the authorities concerned to reconsider the position and pass fresh order but only after giving ample opportunity to the petitioner to place his case. Thereafter no show cause notice was issued to the petitioner respondent and he continued on the post of Clerk. On 24.8.2007 i.e. after more than 24 years, in compliance of the direction given in the order dated 1.11.1983, a show cause notice has been issued to the petitioner mentioning therein that with regard to the similarly placed persons, no relief was granted by this Court and the same was also dismissed by the Apex Court. Against that show cause notice, the petitioner-respondent filed a writ petition before this Court vide C.W.J.C. No. 14804 of 2007 which has been allowed by order dated 24.06.2008 by the learned Single Judge and the order of reversion dated 22.10.2007 has been quashed. It is relevant to mention herewith that despite liberty granted by the Court to proceed afresh in accordance with law, the respondents did not chose to do so and allowed the order of the Division Bench to attain finality and as such the petitioner-respondent continued to work on the post of Clerk for 24 years. Now the - 3 - petitioner-respondent is going to be superannuated and if he is again posted as Computer, his pensionary benefits would have to be revised. In the circumstances, the learned Single Judge set aside the present order of reversion dated 22.10.2007 posting him on the post of Computer by the impugned judgment under appeal. Considering the order passed in Annexure-4 to the writ petition which was not appealed against and considering the fact that the petitioner respondent is going to retire very soon and also considering the fact that he was not issued any show cause for 24 years, we uphold the impugned order passed by the learned Single Judge. This Letters Patent Appeal is, thus, dismissed. (J. B. Koshy, CJ) (Dr. Ravi Ranjan, J.) AMIN