The High Court set aside an administrative order of reversioning the petitioner from the post of Principal to Superintendent, violating Article 311(2). It directed payment of back wages for the period of reversion.
Impugned order set aside; monetary benefits with 6% interest directed to be paid for the period of reversion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8892 of 2020
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Smt. Sujata Sarkar Mife of Mr. Jaideep Banarjee, Incharge Principal of Nursing Training Institute Under Anugrah Narayan Magadh Medical College Hospital, Gaya, resident of , Amrit Lal Dey Sarkar, Brahmani Ghat, P.O.-G.P.O. Gaya. District-Gaya.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s For the Respondent/s
: Mr. Radha Mohan Pandey, Advocate : Mr. Ajay Behari Sinha, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 07-04-2022
Heard learned counsel for respective parties.
In the instant petition, petitioner has prayed for the fol-
lowing reliefs:-
“For issuance of an appropriate writ, order or direction for setting aside the order contained in Letter No.3470 dated 07.09.2020 issued by Superintendent, Anugrah Narayan Magadh Medical College, Hospital, Gaya through which Respondent 2 set Smt. Amita Kumari has been appointed as Incharge Principal of Nursing Training Institute till further order till appointment of full time Principal in place of writ Petitioner, Smt. Sujata Sarkar on the ground as if, Smt.
Patna High Court CWJC No.8892 of 2020 dt.07-04-2022 2/3
Amita Kumari is a Senior Tutor whereas she is not senior rather junior than to writ Petitioner.”
The petitioner is stated to have been promoted as In-charge Principal at Anugrah Narayan Magadh Medical College Hospital, Gaya on 28.02.2019. Abruptly, petitioner’s services have been reverted to the source cadre to the post namely Superintendent vide order dated 07.09.2020 (Annexure-4). Perusal of the same, it is evident that such order is without application of mind to the extent in not issuing notice and seeking petitioner’s explanation. Moreover, such reversion order has a civil consequence like replacing the petitioner’s post and status while continuing junior to the petitioner in the post of Principal. Further, it is to be noted that reverting the petitioner from the post of Principal to that of Superintendent is in violation of Article 311(2) of the Constitution.
In view of the facts and circumstances of the case, the petitioner has made out a case. Accordingly, the present petition is allowed and the impugned order dated 07.09.2020 (Annexure-P/4) is set aside.
The concerned respondent is hereby directed to extend all monetary benefits during the period from 07.09.2020, the date of reversion from the post of Principal to Superintendent till the petitioner is taken back to the post of Principal. In respect of pay to
Patna High Court CWJC No.8892 of 2020 dt.07-04-2022 3/3
the post of Principal, the same shall be calculated and disbursed within a period of two months from the date of receipt of this order failing which the petitioner is entitled interest @ 6% per annum. The same shall be paid by the department.
(P. B. Bajanthri, J)
Vikash/-
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2 issues framed by the court
Whether the reversion of the petitioner from the post of Principal to Superintendent without notice and explanation violates Article 311(2) of the Constitution.
Whether monetary benefits for the period of wrongful reversion including interest must be paid to the petitioner.
1 provisions across 1 enactments
Smt. Sujata Sarkar
State of Bihar
Chief Secretary, Govt. of Bihar
Principal Secretary, Health Department
Director-in-Chief (FW, MCH, Nursing) Health Department
Director, Health Department
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
