IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.505 of 2007
1. Krishna Rai, Son of Sri Rajdeo Rai, Resident of village +
P.O.+P.S.- Sheohar, District- Sheohar
2. Sukhari Paswan, Son of Sri Deoki Paswan, Resident of Village
Sheohar, P.O. Sheohar, P.S. Sheohar, District Sheohar
3. Manoj Kumar Pandey, Son of Sri Siya Ram Pandey of Village
Umed Chapra, P.O.- Shyampur Bhatha, P.S.- Shyampur, District
Sheohar
4. Jai Prakash, Son of Sri Ram Briksha Rai, Resident of Village-
Dekuli, Dharampur, P.O. Kamrauti, P.S. Piprahi, District Sheohar
5. Dinesh Patel, Son of Sri Arjun Raut, Resident of village + P.O. +
P.S. - Sheohar, District Sheohar
6. Laxman Patel, Son of Sri Rajdeo Rai, Resident of Village + P.O. +
P.S.- Sheohar, District- Sheohar
7. Rajesh Kumar, Son of Sri Jashi Paswan, Resident of village-
Bishali, P.O.- P.S. and district- Sheohar ... ... Petitioners
Versus
1. State Of Bihar
2. Secretary-cum- Commissioner, Revenue and Land Reforms
Department, Govt. of Bihar, Patna
3. Commissioner, Tirhut Division, Muzaffarpur
4. District Magistrate-cum- Collector, Sheohar
5. Deputy Development Commissioner, Sheohar Collectorate,
Sheohar
6. Sub Divisional Officer, Sheohar, District Sheohar
7. Establishment Deputy Collector, Sheohar Collectorate, Sheohar
..... .... Respondents
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For the petitioners :M/s S.P. Mukherjee, Sr. Advocate,
Shanti Pratap & Arvind Kumar Varma,
Advocates
For the State :Mr. Sanjiv Kumar, A.C. to S.C.-19
02/ 18.07.2011 Counsel for the petitioners states that during
the pendency of the writ petition, petitioner nos. 1,2,3,6
and 7 have been appointed on Class IV post in the
Collectorate, Sheohar and its attached offices.
2
Petitioner no.4 although recommended for such
appointment in the office of the Director, I.C.D.S., but
has not been appointed, as according to the Director,
I.C.D.S., he is himself the appointing authority and is
not to proceed on the basis of the recommendation of
the Collector. As Class IV post of the office of the
Director, I.C.D.S. is not within the Collectorate,
Sheohar and its attached offices, the case of petitioner
no. 4 be considered by the Collector, Sheohar for
appointment against another Class IV post in the
Collectorate, Sheohar or its attached offices as early as
possible, in any case within two months from the date
of receipt/ production of a copy of this order.
2. So far petitioner no.5 is concerned, it is
submitted that he was not appointed as vacancies
available in the B.C. category on the date of
recommendation stood exhausted, but thereafter one
Arjun Prasad Bari retired on 31.10.2008 and the
vacancy made available on account of superannuation
of Arjun Prasad Bari can be utilized for appointing
petitioner no.5 against the said vacancy in the light of
the circular of the State Government dated 3.12.1980,
3
26.5.1987 and 25.4.1997.
3. Let the Collector, Sheohar consider the
case of petitioner nos. 4 and 5 for appointment on Class
IV post in the light of my observation above as early as
possible, in any case within two months from the date
of receipt/ production of a copy of this order and pass
appropriate order either giving them appointment or
indicating reasons as to why they cannot be so
appointed.
( V. N. Sinha, J.)
Arjun/