HARISH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner who joined Municipal Service in the State of Haryana was promoted as Accountant by order dated 17.11.1987 passed by the Director, Local Bodies, Haryana. On account of his personal problems the petitioner wanted his posting in Municipal Committee, Nuh and for this purpose he even agreed for his reversion from the post of Accountant. Request made by the petitioner was acceded to by the Director, Local Bodies, Haryana who passed order dated 2.1.1991 (Annexure P.3) reverting the petitioner for a period of one year and posted him as Clerk Municipal Committee, Nuh.

(2.) Municipal Committee, Nuh passed resolution dated 23.1.1991 for creation of a post of a Accountant and the petitioner made efforts with the departmental authorities to be accommodated against the said post of Accountant. Having failed to persuade the authorities of the Directorate of the Local Bodies to accommodate him as Accountant in pursuance of resolution dated 23.1.1991 of the Municipal Committee Nuh, the petitioner made a representation dated 22.3.1993 (Annexure P-7) for being promoted in view of the conditions incorporated in the order Annexure P-3 and having failed to get order of repromotion he approached this Court for filing Writ Petition under Article 226 of the Constitution of India.

(3.) Respondents have contested the claim of the petitioner for accommodation on the post of Accountant of which reference has been made in the resolution of the Municipal Committee, Nuh. Respondents have pleaded that a new post in the service of the Municipal Committee could have come into existence only after proper sanction of the State Government and since the State Government had not given sanction to the resolution of the Municipal Committee, Nuh, the post of Accountant did not come into existence in Municipal Committee, Nuh. According to the respondents, in the absence of validity sanctioned post, the petitioner had no right to be promoted/posted as Accountant in the Municipal Committee, Nuh.