IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8818 of 2009 RAMCHANDRA SINHA, SON OF LATE DUKHIT SINHA, RESIDENT OF VILLAGE MAHULI, P.S. PARSA BAZAR(PULWARISARIF) DIST. PATNA, PRESENTLY WORKING AS ASSISTANT ACCOUNTANT IN THE PATNA DISTRICT OFFICE OF BIHAR STATE FOOD AND CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN, PATNA. Versus 1. THE BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN FIFTH FLOOR, BIR CHAND PATEL PATH, PATNA-1 THROUGH ITS MANAGING DIRECTOR. 2. THE MANAGIND DIRECTOR, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN FIFTH FLOOR, BIR CHAND PATEL PATH, PATNA-1. 3. THE CHIEF OF ADMINISTRATION, BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED, SONE BHAWAN FIFTH FLOOR, BIR CHAND PATEL PATH, PATNA-1. 4. THE DISTRICT MANAGER, BIHAR STATE FOOD CORPORATION EAST BORING CANAL ROAD NEAR RAZAPUR PUL, P.S. BUDHA COLONY, PATNA. 5. SECRETARY DEPARTMENT OF FOOD AND CONSUMER PROTECTION DEPARTMENT, GOVT. OF BIHAR. ----------- 04. 05.07.2010 Heard learned counsel for the petitioner and the counsel for the Bihar State Food and Civil Supplies Corporation Ltd.(hereinafter referred to as the Corporation). 2. It appears in compliance of the orders of this Court dated 8.10.2009 counsel for the Corporation has not filed reply to the rejoinder affidavit explaining the circumstances in which the case of the petitioner for confirmation on the post of Assistant Accountant in compliance of office order bearing Memo No.7660 dated 14.12.2001, Annexure-10/1 is not being considered, although, petitioner is serving on the post of Assistant Accountant in the light of the said order since march, 2001 and has completed the probation period to the satisfaction of the authorities and has also passed the Accounts, Hindi Noting and Drafting Examination as also has obtained training and is being paid 20% amount over and above the emoluments payable to - 2 - him as he is holding higher post. 3. It is submitted on behalf of the petitioner that in the light of the office order dated 14.12.2001 his case was required to be considered for confirmation on the post of Assistant Accountant after expiry of the probation period of six months but even after passage of more than eight years his case has not been considered for such confirmation. 4. Counsel for the Corporation, however, submitted that case of the petitioner was not considered for confirmation on the post of Assistant Accountant as till date he has not been promoted as Salesman, which is the next higher post for Class-IV employee and petitioner is serving the Corporation as Assistant Accountant on officiating basis. 5. Counsel for the petitioner in reply submitted that submission made by the counsel for the Corporation is contrary to the contents of office order dated 14.12.2001, which require the case of the petitioner and others Assistant Accountant to be considered for confirmation on the post of Assistant Accountant after completion of probation period of six months and passing of the departmental Accounts and Hindi Noting and Drafting Examination. He also submits that there is no indication in the office order that confirmation on the post of Assistant Accountant shall be considered only after petitioner has been promoted as Salesman. In this connection, learned counsel for the petitioner further pointed out with reference to Annexure-11 the staffing pattern in the corporation that under the - 3 - stream of Chief Auditor/ Budget above the Class-IV post there is only post of Assistant Accountant and there does not exist any post of Salesman in between. 6. Having heard counsel for the parties, I direct the petitioner to submit representation highlighting the submissions noted above before the Managing Director of the Corporation, who should consider the same in accordance with law and pass reasoned order considering the request of the petitioner for confirmation on the post of Assistant Accountant in the light of the office order dated 14.12.2001, Annexure-10/1 in accordance with law, as early as possible, in any case within three months from the date of receipt of the representation of the petitioner along with a copy of this order before the Managing Director. 7. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)