LAWS(PAT)-2002-10-28

GANESH LAL Vs. STATE OF BIHAR

Decided On October 28, 2002
GANESH LAL Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This application has been filed for quashing the memo dated 22-6-2002 (Annexure-5) whereby Respondent Nos. 5 to 19 who were working as Accountant in the Bihar State Electricity Board have been allowed to lookafter the w6rk of Accounts Officer as a purely ad-hoc arrangement and posted at various places. Further prayer of the petitioner is to direct the respondents to promote him to the post of Accounts Officer.

(2.) Shorn of unnecessary details, facts giving rising to the present application, are that the petitioner is working as Accountant in the Bihar State Electricity Board. By order dated 22-6-2002, respondent Nos. 5 to 19 have been allowed to lookafter the work of Accounts Officer. It is the grievance of the petitioner that although he is senior to those persons, they have been allowed to function as Accounts Officer ignoring his seniority.

(3.) Mr. Yogesh Chandra Verma, appearing on behalf of the petitioner submits that for promotion to the post of Accounts Officer, principle of seniority-cum-merit has to be followed and petitioner being senior to respondent Nos. 5 to 19 who have been asked to look after the work of Accounts Officer, the action of the respondents is discriminatory. He points out that even while asking the Accountants to lookafter the work of Accounts Officer, seniority has to be taken into account. In this connection, Shri Verma has drawn my attention to letter dated 26-3-2001 (Annexure-8).