Rohini Chandra Kumbhkar vs The Chairman, Mineral Area Development Authority, Dhanbad and Others

Alok Singh

Petitioner has preferred this petition seeking writ of Mandamus directing the respondents to confirm the service of the petitioner on the post of ''Typist''. Undisputedly, petitioner was appointed as dis-infector (Sodhak), Class IV post on 28.08.1973. Vide order dated 20.05.1993, petitioner was allowed to work as Typist with the stipulation that petitioner shall not be paid any additional allowance-salary to work as Typist; with further stipulation that petitioner shall not raise any claim for an extra amount and petitioner shall work as Typist on the pay-scale of dis-infector (Sodhak).

Petitioner has earlier filed W.P.(S) No. 524 of 2002 before this Court challenging the order dated 31.12.2001, whereby petitioner was directed to be reverted. Writ petition was dismissed vide order dated 21.01.2002. L.P.A. No. 130 of 2002 arising out of W.P.(S) No. 524 of 2002, was also dismissed by the Division Bench of this Court vide order dated 19.06.2002. However, liberty was granted to the petitioner to make representation before the competent authority. Admittedly, thereafter, he had moved a representation before the competent authority. Representation of the petitioner was rejected vide order dated 08.12.2006 (Annexure- B to the counter affidavit) having observed, there cannot be any promotion to the post of Typist from the cadre of dis-infector (Sodhak). Order dated 08.12.2006 has not been challenged as yet, therefore, has attained finality. Since petitioner was allowed to work as Typist on temporary basis (as a stop gap arrangement) on the same pay which the petitioner was getting on the post of dis-infector (Sodhak) with the condition that petitioner''s cadre on the post of dis-infector (Sodhak) shall remain intact. Therefore, there is no question of confirming the petitioner on the post of Typist, nor any such direction can be issued by this Court contrary to the order dated 08.12.2006, which has attained finality. Consequently, the writ petition is dismissed.