IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6040 of 2010 BARUN KUMAR, SON OF LATE BALDEO RAUT, RESIDENT OF FLAT NO. T-4, SURYA TRIVENI APARTMENT, NEW PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTRICT PATNA AT PRESENT POSTED AS EXECUTIVE OFFICER-CUM-DRAWING AND DISBURSING OFFICER, BUILDING CONSTRUCTION DEPARTMENT, GARDEN DIVISION, BIHAR, PATNA. --- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 2. THE SPECIAL SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE ADDITIONAL SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHVESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. THE UNDER SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHVESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 5. SUDHANSHU SHEKHAR RAI, SON OF NOT KNOWN DEPUTY DIRECTOR-2, ANUSHRAVAN AND MULYANKAN, BUILDING CONSTRUCTION DEPARTMENT, BIHAR, PATNA. ----------- 2 21.4.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged annexure-2 by which the earlier order dated 30.6.2009 contained in annexure-1 has been recalled. By annexure-1, the petitioner who was working as a Garden Officer in the Building Construction Department was asked to work as Incharge Executive Officer of the Building Construction Department and was further given the powers of a Drawing and Disbursing Officer. By the impugned order, the above order dated 30.6.2009 has been recalled and respondent no. 5 Sri Sudhanshu Shekhar, the Deputy Director-2, Monitoring and Evaluation, Building Construction Department has been handed over charge to work as a Drawing and Disbursing Officer. Counsel for the petitioner submits that the petitioner belongs to the agricultural cadre and comes within category 7 of the 2 posts allocated by the State Government i.e. horticulture and has experience in this field, whereas respondent no. 5 who has replaced the petitioner comes from a different cadre and as such cannot be designated as the Drawing and Disbursing Officer. The order with respect to appointment a person as a Drawing and Disbursing Officer is an additional charge given to an Officer and the petitioner, cannot as a matter of right claim that he should be appointed as Drawing and Disbursing Officer. I find no merit in this writ application. This application is dismissed. Sanjay (Sheema Ali Khan, J.)