Ravi S.Dhavan, J.

1. This appeal has been preferred against the order dated 30-4-1997 in C.W.J.C. No. 4981 of 1996, Devi Prasad Singh V/s. State of Bihar and Ors.

2. The contention of the learned Counsel for the appellant is to the effect that the observation of the Court that the appellants appointment was made against a non-sanctioned post and in an irregular manner and further that the appellant claims to work against a post, which was non-sanctioned is an error apparent on the face of the record.

3. Learned Counsel for the appellant submits that the matter relating to non-sanctioned post is an aspect of staffing pattern. The reliance of the learned Judge on the order of the Secretary dated 18th September, 1995 was itself an error.

4. Learned Counsel for the appellant explaining his argument has placed reliance upon a decision of this Court in Braj Kishore Singh V/s. State of Bihar and Ors., 1997 (1) PLJR 509 (FB), wherein it has been held that a literal interpretation or a steadfast insistence on prior approval of the State Government in the matter of creation of posts and appointment may lead to an absurd situation.

5. Learned Counsel further submits that the Secretary