RAM BINOD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who is employed as an Assistant in the Samastipur Municipality and who in addition to his own duty was given the charge of Accountant on a provisional and ad hoc basis seeks to challenge an office order issued by the Special Officer, Samastipur Municipality under his memo no. 142 dated 30.1.2002 (Annexure -1). By the impugned order earlier orders giving him the charge of Accountant are cancelled and he is recalled to his substantive post of Assistant with a direction to hand over the charge of Accountant to respondent no. 5 who is described as the selected Head Clerk -cum -Accountant.

(2.) THIS case has a little history and the petitioner is before this court in the second round of litigation. Earlier by an order issued by the Special Director Samastipur Municipality under his memo no. 42, dated 7.2.1992 the petitioner in addition to his own work, was 'promoted ' to work as Accountant. It was made clear in that order that a request was made to the. Urban Development Department, Government of Bihar for sanctioning an additional post of Accountant for the Municipality and that arrangement was being made in anticipation of the sanction of the post and any material benefits for working as Accountant would be admissible to the petitioner as and when the post would be sanctioned by the State Government. No sanction for the additional post of Accountant came from the Government and the only post available in the Municipality remained that of Head Clerk -cum -Accountant.

(3.) THE petitioner then came to this court in C.W.J.C. No. 5804 of 1993 challenging the order dated 18.6.1993 removing him from the charge of Accountant. That writ petition was disposed of by judgment and order dated 20.2.2001 by which the Municipality was asked to consider the case of all eligible persons, including the petitioner and respondent no. 5, for filling up the post of Head Clerk -cum -Accountant in accordance with law.