Full Judgment
S.J. Mukhopadhaya, J.
1. The petitioner who was promoted in the rank of Account Clerk on 14th October, 1977, his order of promotion was cancelled after 14 years on 14th December, 1991, For the said reason, he challenged the order of cancellation of promotion aforesaid in the present case.
2. The brief fact of the case shows that the petitioner read upto Higher Secondary standard and appeared in such examination but failed. Subsequently he was appointed to the post of Treasure Guard on 10th of January, 1974, in Flood Control, Design Division under the Irrigation Department of the State of Bihar. The case of the petitioner was considered for promotion to the next higher post of Accounts Clerk and he was promoted to the said post by order dated 14th October, 1977. On such promotion, the petitioner joined the post and continued to function. It is only after 14 years, the impugned order was issued on 16th December, 1991 and the order of promotion issued on 14.10.1977 was cancelled.
3. The stand of the respondents is that the petitioner was not eligible for promotion to the post of Accounts Clerk. He was illegally promoted on 14th October, 1977 and when the same came to the notice of the State after relevant enquiry, the impugned order was passed on 16th December, 1991.
4. It will be evident from the impugned order and the counter-affidavit of the respondents that the qualification of Matriculation/Secondary Examination was laid down for appointment to the post of Accounts Clerk. As the petitioner had not passed the Matriculation/Secondary Examination but failed in the Higher Secondary Examination, the respondent held the petitioner not eligible for promotion to the higher post of Accounts Clerk and for the said reason, the order of promotion was cancelled after 14 years.
5. At this stage, it is pertinent to mention that Higher Secondary Education was introduced sometime in the year 1960 which continued till mid of seventees. While for appearing in the Matric/Secondary Examination, a person was required to appear in the examination after 10th Class, Education upto 11th Class, was essential for appearance in the High Secondary Examination. As only after passing 10th Examination, a person could be promoted to 11th Class for the said reason, the State of Bihar treated such passing of 10th Class examination in a Higher Secondary School as equivalent to Secondary School Examination. An order to that effect was issued on 14th December 1963 by the order of Governor of Bihar wherein it was declared that 10th Class (Special) Certificate of Higher Secondary School shall be treated as equivalent to Secondary School Examination meaning thereby the person who passed 10th Class (Special) examination from a Higher Secondary School is to be treated as equivalent to Secondary School Examination, even though the candidate may fail in the Higher Secondary examination. The Counsel for the petitioner submitted that the aforesaid decision of the State was taken into consideration for promotion of petitioner as Accounts Clerk as made vide order dated 14th October, 1977.
This apart, respondents failed to show the reason to reopen the issue relating to such promotion after 14 years when there was no allegation of inefficiency against the petitioner. It has also not been denied that the impugned order was passed on 16th October, 1991 without any notice and hearing to the petitioner.
6. For the reasons stated above, I set aside the impugned order dated 16th December, 1991 and direct the respondents to pay the petitioner arrears of salary of the post of Accounts Clerk to which he is entitled by way of consequential benefit.
7. The writ petition stands disposed of with the aforesaid observation and direction, but no cost.