IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9591 of 2010 HARICHANDRA SINGH son of Late Nirdhan Singh, resident of Village Rampur Parori, P.O. Banchauri, P.S. Sitamarhi, District Sitamarhi. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna 2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna 3. The Director, Panchayati Raj Department, Bihar, Patna 4. The Zila Parishad, Sitamarhi 5. The Adhyaksha, Zila Parishad, Sitamarhi-cum- Chairman, District Establishment Committee, Zila Parishad, Sitamarhi 6. The Deputy Development Commissioner-cum- Chief Executive Officer, Zila Parishad, Sitamarhi 7. The District Engineer, Zila Parishad, Sitamarhi 8. Mithilesh Kumar Jha, son of Late Lal Chandra Jha, at present residing the campus of Inspection Bunglow, Zila Parishad, Sitamarhi, P.S. Dumra, District Sitamarhi ----------- For the Petitioner :M/s Arun Kumar & Md. Hussamuddin Azad, Advocates For the State Mr. Umesh Prasad, AC to G.P.17 For the Zila Parishad :Mr. Shailendra Kumar Singh, Advocate 02/ 25.06.2010 Heard learned counsel for the petitioner, the State and the Zila Parishad, Sitamarhi. 2. Petitioner is aggrieved by the order, bearing Memo No. 220(A) dated 25.11.2009, Annexure-11 whereunder his case for appointment on the post of Accountant-cum- Head Clerk has been rejected and Respondent no.8 has been appointed on the said post. 3. It is submitted on behalf of the petitioner that for Zila Parishad, Sitamarhi two post of Accountant-cum- Head Clerk is sanctioned, but the authorities of the Zila Parishad misinterpreting the order sanctioning the two post, have treated the two post of Accountant-cum- Head Clerk sanctioned for the office of the Zila Parishad and the office of the District Engineer, which is nothing but part of the Zila Parishad and if 2 there are two posts of Accountant-cum- Head Clerk sanctioned for the Zila Parishad then one post is required to be filled up from amongst the reserved category candidate. From paragraph 9 of the impugned order itself, it will appear that while considering the appointment of the petitioner and others on the post of Accountant-cum- Head Clerk in the Zila Parishad, the post was treated as single post and rules of reservation and roster were not applied. It is also submitted on behalf of the petitioner that he is fully qualified to be appointed as Accountant-cum- Head Clerk as having attained the age of 50 years, he has been exempted from passing the departmental accounts examination under order, Annexure-4. It is also submitted on his behalf that highlighting the aforesaid aspect that the rules of reservation and roster were erroneously not applied while considering the appointment of the petitioner and others, including Respondent no.8 on the post of Accountant-cum- Head Clerk, he has filed appeal/ representation dated 12.1.2010, Annexure-16 before the Principal Secretary of the Department, as in terms of the resolution of the State Government dated 15.9.1993 read with resolution dated 16.3.1991, paragraph 9, any appointment made on Class III/ IV post in the Zila Parishad is required to be approved by the State Government and while considering the approval of the appointment of Respondent No.8 over the post of the Accountant-cum- Head Clerk in the Zila Parishad, it is required to be seen by the authorities whether rules of 3 reservation and roster clearance as also other norms of promotion and appointment on such post was observed. 4. Let the Principal Secretary of the Department consider the submissions noted above while disposing of the representation of the petitioner dated 12.1.2010, Annexure-16 in accordance with law and if the Principal Secretary is so inclined, he may also issue notice to private Respondent no.8 as also to the Deputy Development Commissioner, Incharge of the Zila Parishad, who has passed the impugned order dated 25.11.2009, Annexure-11, as early as possible, in any case within four months from the date of receipt/ production of a copy of this order. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)