IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8236 of 2010 1. KAMLA KANT YADAV, S/O LATE MAHADEO MAHTO, R/O MOHALLA BABU TOLA,P.S. BANKA, DISTRICT- BANKA. Versus 1. THE NAGAR PARISHAD, BANKA THROUGH ITS EXECUTIVE OFFICER. 2. THE CHAIRMAN,NAGAR PANCHAYAT,BANKA. 3. THE VICE-CHAIRMAN,NAGAR PANCHAYAT,BANKA. 4. THE EXECUTIVE OFFICER,NAGAR PANCHAYAT,BANKA. 5. The State of Bihar through Secretary, Urban Development Department, Patna, Bihar ----------- 5. 28.06.2010. Heard learned counsel for the petitioner, State and the Nagar Parishad, Banka. 2. Petitioner is aggrieved by the order bearing Memo No. 247 dated 16.4.2010 passed by the Executive Officer, Nagar Panchayat, Banka, Annexure-10, whereunder engagement of the petitioner on the post of Junior Engineer has been terminated on the ground that there is no post of Junior Engineer sanctioned in the Nagar Panchayat. It is submitted on behalf of the petitioner that he was engaged as a Junior Engineer in the Nagar Panchayat 26 years earlier in the year 1984 and thereafter he was allowed the benefit of fixed pay under order of the Nagar Parishad dated 31st January, 1986 in anticipation of the sanction of the post by the State Government but when the post was not sanctioned his engagement has been terminated after petitioner filed C.W.J.C.No. 17678 of 2009 which was disposed of under orders dated 1.2.2010, Annexure-6 directing the Nagar Panchayat to pay the arrears of wages of the petitioner. In compliance of the said order under resolution of the Nagar Panchayat dated 23.3.2010 decision has been taken to pay the arrears of wages of the petitioner as and when the funds are received but his engagement has been terminated. It is also submitted on behalf of the petitioner that having terminated the engagement of the petitioner another person has been engaged as Junior - 2 - Engineer which is wholly arbitrary as if a Junior Engineer is to be engaged by the Nagar Panchayat in anticipation of the sanction of the post by the Government petitioner should be considered as he is serving the Nagar Panchayat for the last 26 years. 3. Having heard the counsel for the petitioner and the respondents, I am of the view that if the post of Junior Engineer is not existing in the Nagar Panchayat then termination of the petitioner from the said post cannot be questioned as appointment must be preceded by creation of the post. Having terminated the engagement of the petitioner the authority of the Nagar Panchayat ought not to have engaged any other person as Junior Engineer as if the post is not available for the petitioner then other person should also not be accommodated as Junior Engineer in the Municipality. Accordingly, it is directed that any other person, if engaged in the Nagar Panchayat as Junior Engineer in anticipation of the sanction of the post of Junior Engineer then such engagement should be cancelled and if the Nagar Panchayat requires the services of the Junior Engineer in anticipation of the sanction of the post by the Government then the case of the petitioner be considered for such engagement as he has served the Nagar Panchayat for the last 26 years. 4. With the aforesaid direction the writ petition is disposed of. P.K.P. (V.N.Sinha,J.)