It is the assertion of the appellant that though he was appointed as a daily wager, he was asked to discharge the work of Accounts Clerk in view of his qualification and experience.
However, subsequently, the Regular Chief Engineer on assumption of charge, having found that the order passed by the incharge Chief Electrical Engineer is companytrary to the Rules and the Government Orders issued from time to time, has cancelled the earlier order dated 11.11.1998 vide his order dated 11.12.1998.
This order has been questioned by the appellant by filing a writ petition in No.
1677 of 2001 dated 5.7.2004.
The incharge Chief Electrical Inspector vide his order dated 11.11.1998 approved the proposal of the Committee and had issued necessary orders in this regard.
887 of 2005 dated 7.9.2005, wherein and whereunder, the Division Bench has set aside the order passed by the learned Single Judge in P. No.
L. Dattu,J. Delay companydoned.
Leave granted.
These appeals by special leave have been filed against the judgment and order of the High Court of Judicature at Patna in L.P.A. No.
The facts which are number in dispute are, the appellant was appointed on daily wages on 31.12.1976 and he was made permanent in the work charge establishment on 15.5.1989 along with several other persons in the respondent establishment.
It is also stated, that, he had filed an application before the Circle Promotion Committee for his promotion or re appointment to the post of Accounts Clerk and that request was companysidered by the Committee on 6.1.1998 and recommended his case for change of his numberenclature from daily wager to Accounts Clerk and on the recommendation so made, the Electrical Superintending Engineer, Department of Energy, Electric Works Circle, Patna, issued an order changing his numberenclature from labourer to Accounts Clerk, subject to approval of the Chief Electrical Engineer, Department of Energy, Government of Bihar, Patna.
