IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9250 of 2010 MOHAN KUMAR VERMA S/O LATE TRIVENI PRASAD R/O MOHALLA- SHANTI NAGAR, P.S.- SITAMARHI, DISTT.- SITAMARHI. ………… PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-PRINCIPAL SECRETARY PERSONNEL & ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 3. THE SECRETARY BOARD OF REVENUE, BIHAR, PATNA 4. THE PRINCIPAL SECRETARY GENERAL ADMINISTRATION DEPARTMENT, BIHAR, PATNA 5. THE DEPUTY SECRETARY, BOARD OF REVENUE BIHAR, PATNA 6. THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION MUZAFFARPUR 7. THE DISTRICT MAGISTRATE, SHEOHAR …………… RESPONDENTS ----------- 2. 06/04/2011 In this writ application, petitioner has prayed for quashing of order contained in memo no.506 dated 26.4.2010, as contained in Annexure-9, issued by the Deputy Secretary of the Board of Revenue, whereby representation of the petitioner for his promotion to the post of Personal Assistant to the Collector, Sheohar has been rejected. Learned counsel for the petitioner submits that in terms of the Rules a meeting under the chairmanship of the Commissioner, Tirhut Division was held on 5.2.2003 and it was resolved to recommend two names of Steno-Typist for promotion to the post of Personal Assistant to the Collector. The proceeding of the 2 Committee is enclosed with Annexure-6, the letter of the Commissioner, Tirhut Division addressed to the Secretary, Board of Revenue in which name of the petitioner has been recommended as first name and name of one Binod Pathak has been recommended as the second name. While the matter was pending with the Board of Revenue, it is contended that, petitioner was given officiating charge of the post a number of times. However, subsequently, by the successor District Magistrate, he was removed from the post. Since no decision was taken by the Secretary, Board of Revenue in the matter, petitioner moved this Court earlier through C.W.J.C.No.17278 of 2009. The said writ application was disposed of by order dated 9.2.2010 with a direction that if there was a decision by the Committee contained in Memo no.147 dated 29.4.2003, respondents should take appropriate decision on the recommendation within a maximum period of three months from the date of receipt/production of a copy of the order. Petitioner accordingly filed representation before the Secretary, Board of Revenue, vide Annexure-8. It appears that the 3 representation of the petitioner and recommendation of the Committee was considered by the Board of Revenue and a speaking order was passed, which was communicated to the Commissioner, Tirhut Division as well as to the Collector, Sheohar through letter no.506 dated 26.4.2010, as contained in Annexure-9, which is under challenge in this writ application. Learned counsel for the petitioner submits that this Court had directed the respondents to take appropriate decision on the said recommendation of the Committee contained in Memo no.147 dated 29.4.2003. However, instead of taking appropriate decision, the Board of Revenue has held that the recommendation in favour of the petitioner has already been withdrawn by the Collector, and therefore, no decision could be taken on the said recommendation of the Committee to the Board of Revenue. From the order of the Board of Revenue, as contained in Annexure-9, it appears that the contentions of the petitioner were considered and it was found that while the recommendation of the Committee of 2003 was pending, the successor Collector was not satisfied with the 4 working of the petitioner and had removed him from the post and had also withdrawn the recommendation made in his favour, in 2006. Hence, it was found that no action was required on the said recommendation of the Committee of 2003. It was also found that pursuant to the withdrawal of the recommendation by the Collector in 2006, the Committee under the chairmanship of the Commissioner of the Division again met on 11.3.2010 and withdrew the recommendation made in 2003. Appointment of Personal Assistant to the Collector has to be made in terms of the Rule of 1977 published in the official gazette on 28.1.1978. Rule provides that the Collector concerned shall recommend names of suitable persons to the Commissioner of the Division and a Committee under the chairmanship of the Commissioner of the Division shall consider names and forward its recommendations to the Government. Thereafter, the Government will refer the matter to the Bihar Public Service Commission and on its recommendation shall appoint Personal Assistant to the Collector. The post of Personal Assistant to the Collector is a post of responsibility. The person who holds 5 post must enjoy confidence of the Collector and must establish his competence to deal with sensitive matters in full confidence of the Collector. Thus, it is the recommendation of the Collector for appointment of Personal Assistant which is relevant for consideration by the Committee in which the Collector concerned has also to be a member. The recommendation of the Committee has to be considered by the Government and then only appointment has to be made. Petitioner relies upon the proceeding of the Committee dated 5.2.2003, at which time, the Collector of the district was different person. The recommendation had remained pending for more than seven years. During this period, many incumbents to the post of Collector have changed. From the order of the Board of Revenue, it also appears that the successor Collector had withdrawn the recommendation in 2006 and in the light of which the Committee had also withdrawn its recommendation on 11.3.2010. In the circumstances, this Court finds that nothing remains in favour of the petitioner to persuade this Court to issue a direction for consideration of his name for appointment as Personal Assistant to the Collector of the 6 District. This Court, therefore, does not find any merit in the writ application and the same is accordingly dismissed. However, since Rules provide for procedure for appointment of Personal Assistant, respondents are directed to take steps for the same and make all endeavours for appointment of regular Personal Assistant to the Collector. Pradeep/ ( J. N. Singh,J.)