High Court Patna High Court - Orders

Krishna Rai & Ors vs The State Of Bihar & Ors on 18 July, 2011

Patna High Court – Orders
Krishna Rai & Ors vs The State Of Bihar & Ors on 18 July, 2011
           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
                                   -----------

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/