BRAMH DEV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was appointed as Tax Inspector in Zila Parishad, Gorakhpur on 31.12.1984. After creation of new district Maharajganj, which was carved out from district Gorakhpur, the petitioner was absorbed in the services of Zila Panchayat, Maharajganj. Since the post of Tax Officer was lying vacant in Zila Panchayat, Maharajganj, the Upper Mukhya Adhikari, Zila Panchayat, Maharajganj wrote to the State Government on 19.2.1999 for promoting the petitioner on the post of Tax Officer. By its order dated 23.8.2000 (filed as Annexure -3 to the writ petition) passed by the State Government, permission was accorded to the Zila Panchayat, Maharajganj to take work of Tax Officer from the petitioner as a, stop gap arrangement and on temporary basis with the condition that the petitioner Brahm Dev Prasad shall not be entitled for payment of any additional amount for working as Tax Officer on such basis. Thereafter the petitioner was admittedly given additional charge of Tax Officer. After taking charge the petitioner filed representations before the State Government for being promoted as Tax Officer and also to be paid his salary on such post.

(2.) BY the impugned order dated 28.4.2004 passed by the State Government on the report having been received from the Chairman, Zila Panchayat, Maharajganj the permission given by the State Government on 23.8.2000 to take work of Tax Officer from the petitioner has been withdrawn. The petitioner has thus filed this writ petition praying for quashing the order dated 28.4.2004 passed by respondent No. 1. A further prayer has been made for a direction to the respondents to pay the petitioner his regular monthly salary of Tax Officer.

(3.) PROMOTION to the post of Tax Officer is to be made in accordance with the Zila Parishad (Centralised) (Transferable Cadre) Rules, 1966. Rule 26 provides that the post of Kar Adhikari shall be filed up by promotion or by direct recruitment as the State Government may decide. Rule 27 lays down the procedure for filing up regular vacancies by promotion which is to be done by the State Government after receiving the recommendations from the State Public Service Commission.