Umeshkant Pathak Vs. State of Bihar and ors.

Umeshkant Pathak vs State of Bihar and ors.

Disposition Petition allowed Court Patna Decided Aug 02, 2006

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Citation: sooperkanoon.com/126360
Court: Patna High Court
Judge: Aftab Alam, J.
Decided On: Aug 02, 2006
Case Number: Civil Writ Jurisdiction Case No. 1459 of 2005
Subject: ;Service
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: ;Service
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

Umeshkant Pathak

Advocate Abhay Shanker Singh and Kumar Praveen, Advs.

Respondent

State of Bihar and ors.

Advocate S.P. Verma, J.C. To G.P. V.

Excerpt

- aftab alam, j.1. the petitioner challenges an order issued by the chief engineer, water resources department, samastipur under his memo no. 6120 dated 3.12.2004. the impugned order is in a printed format in which the relevant details concerning the petitioner were filled up. by this order, the petitioner is reverted to a class-iv post 22 years after his promotion to a class-iii post. his reversion is on the ground that the promotion was allowed irregularly.2. the parties are in agreement that the facts of the case are fully covered by an earlier decision of this court dated 5.1.1998 in c.w.j.c. no. 3706 of 1997 (suresh kumar rajak v. the state of bihar and ors.). the decision of the learned single judge was affirmed on 14.10.1998 by a division bench of this court in l.p.a.no. 330 of 1998 and the special leave petition filed by the state against those orders was also dismissed by the supreme court by order dated 15.02.1999 in slp no. 00613 of 1999. following the decision in the case of suresh kumar rajak, this court allowed a number of similar other writ petitions, copies of those orders were produced before me.3. following a number of earlier orders passed on similar matters, this writ petition too is allowed and the impugned order contained in annexure-10 is quashed. the petitioner will be entitled to all consequential benefits.

Full Judgment

Aftab Alam, J.

1. The petitioner challenges an order issued by the Chief Engineer, Water Resources Department, Samastipur under his memo No. 6120 dated 3.12.2004. The impugned order is in a printed format in which the relevant details concerning the petitioner were filled up. By this order, the petitioner is reverted to a Class-IV post 22 years after his promotion to a Class-III post. His reversion is on the ground that the promotion was allowed irregularly.

2. The parties are in agreement that the facts of the case are fully covered by an earlier decision of this Court dated 5.1.1998 in C.W.J.C. No. 3706 of 1997 (Suresh Kumar Rajak v. The State of Bihar and Ors.). The decision of the learned Single Judge was affirmed on 14.10.1998 by a Division Bench of this Court in L.P.A.No. 330 of 1998 and the Special Leave Petition filed by the State against those orders was also dismissed by the Supreme Court by order dated 15.02.1999 in SLP No. 00613 of 1999. Following the decision in the case of Suresh Kumar Rajak, this Court allowed a number of similar other writ petitions, copies of those orders were produced before me.

3. Following a number of earlier orders passed on similar matters, this writ petition too is allowed and the impugned order contained in Annexure-10 is quashed. The petitioner will be entitled to all consequential benefits.

Same Court & Year Patna · 2006 Same Parties Umeshkant Pathak vs State of Bihar and ors. Same Subject ;Service Same Judge Aftab Alam, J.

;Service