SHAHID JAMIL KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks direction upon the respondents to appoint him on the post of Raj Bhasha Padadhikari (Urdu) pursuant to recommendation of the Bihar Public Service Commission contained in its letter dated 19.10.2002.

(2.) THE respondents have filed counter affidavit in which the petitioner&aposs case that he has been recommended by the Commission for appointment on the above said post has not been denied. A plea has been taken that in view of the decision of the Apex Court in I. J. Divakar V/s. Government of Andhra Pradesh, AIR 1982 SC 1555, empanelment does not create any right to the post. On facts it has been stated that after the recommendation of the Commission was received in the Department, procedural mistake was discovered in the upgradation order by which the post of Raj Bhasha Padadhikari (Urdu) had been created. To correct the mistake the file was sent to the Finance Department on 13.5.2003. In view of the advice of the Finance Department the proposal is now to be sent to the Finance Department for approval of the &aposPrashashi Padvarg Samiti&apos.

(3.) THE above assertion of the petitioner regarding creation of the post of the Prashashi Padvarg Samiti has not been denied by the respondents in their affidavit and if that is so I fail to appreciate the objection raised by the Finance Department as indicated above. Be that as it may, if the authorities are of the view that approval of Prashashi Padvarg Samiti is required, the matter should have been sent to it. After a long wait the petitioner&aposs name has been recommended by the Commission, it is high time that the recommendation is given effect to.