IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10191 of 2010 MD.QUAIYUM, SON OF SRI S.K. SIDDIQUE, RESIDENT OF WARD NO.18, STATION ROAD, P.S. + DIST. ARARIA. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETRARY, NAGAR VIKAS AND AWAS VIBHAG, PATNA. 2. PRESIDENT PARSHAD BOARD, NAGAR PARISHAD, ARARIA. 3. THE MEMBER OF PARSHAD BOARD, NAGAR PARISHAD, ARARIA. 4. THE MUNICIPAL EXECUTIVE OFFICER, NAGAR PARISHAD, ARARIA. For the Petitioner : Mr. Ganesh Kumar, Rajesh, Kumar, advocate. For the Nagar Parishad : Mr. Sanjay Kumar Sharma, advocate. ----------- 02. 05.07.2010 Heard learned counsel for the petitioner, the State and the counsel for the Nagar Parishad, Araria. 2. Petitioner is aggrieved by the order bearing Memo No.1163 dated 15.10.2009, Annexure-5 series, whereunder his promotion on the post of Sanitary Inspector has been cancelled as he does not have the required training qualification for serving the said post. 3. It is submitted on behalf of the petitioner that under resolution of the Commissioners contained in memo No.500 dated 10.7.2007, Annexure-4 series petitioner was given the additional charge of the post of Sanitary Inspector, although, he held the substantive appointment on the post of Light Supervisor with further direction for payment of salary admissible to Sanitary Inspector. After 10.7.2007 till the issue of the impugned order dated 15.10.2009, petitioner discharged the duties of the sanitary inspector to the satisfaction of all concerned and without giving him notice for recalling the additional charge the present order has been passed - 2 - stating that his promotion on the post of Sanitary Inspector is cancelled for his failure to acquire the training qualification required for the said post. It is also submitted that on 10.7.2007 when he was allowed the additional charge of the post of Sanitary Inspector with admissible salary there was no training qualification attached to the post of Sanitary Inspector. In course of time the training qualification has also been assigned to the post, as such, the appointment/promotion of the petitioner on the post of Sanitary Inspector should not be affected by the subsequent qualification attached to the post. 4. Having heard counsel for the parties as also having perused the order bearing memo No.500 dated 10.7.2007, Annexure-4 series, it is evident that thereunder petitioner was given additional charge and not substantively promoted on the post of Sanitary Inspector, in the circumstances, if subsequently training qualification has been attached to the post the authorities are entitled to verify whether petitioner possesses the required training qualification for the post of Sanitary Inspector. Accordingly, I do not find any illegality in the impugned order, however, while disposing of the writ application direct the authorities to permit the petitioner to acquire the training qualification required for the post of Sanitary Inspector and after petitioner has acquired such training his case be considered for appointment as Sanitary Inspector in the Nagar Parishad. Rajesh/ (V.N. Sinha, J.)