AMRENDRA KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS application has been filed for issuance of direction upon the respondents to confirm the appointment of the petitioner on the post of Junior Accounts Clerk. A further prayer has also been made for payment of arrears/difference of salary of the petitioner with effect from 1997 till date.

(3.) THE petitioner was placed under respondent no.3, Chief Engineer (Mechanical), Water Resources Department, Government of Bihar, Patna and by virtue of the order, as contained in annexure 2, the Chief Engineer, respondent no. 2, asked for names of the persons working on Class IV posts for appointment on Class III post owing to the vacancy for Class III posts. The name of the petitioner alongwith others was recommended by the Superintending Engineer to the Chief Engineer and by virtue of the order, as contained in annexure 3, the petitioner and two others were appointed on Class III sanctioned vacant posts of Junior Accounts Clerk vide memo no. 265 dated 26.4.1995. The petitioner thereafter reported his joining before the Executive Engineer (Machanical), Bhagalpur. However, the joining of the petitioner was not accepted, therefore, he again reported to the Chief Engineer and by virtue of order, as contained in annexure 5, the petitioner reported his joining before the Executive Engineer, Darbhanga and the same was accepted and the petitioner till date is working at Darbhanga and his salary was paid up to September 1997 and on objection raised by the audit that his appointment on Class III post has not been confirmed by the competent authority, his salary has been withheld till date.