Ram Babu Paswan vs The State Of Bihar & Ors on 27 June, 2011

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CWJC No.1345 of 2011
                    RAM BABU PASWAN SON OF DEV NARAYAN PASWAN,
                    RESIDENT OF VILLAGE- MALPUR, POLICE STATION-
                    DALSINGSARAI, DISTRICT- SAMASTIPUR.
                                                          ... PETITIONER.
                                             Versus
               1.   THE STATE OF BIHAR.
               2.   THE DISTRICT MAGISTRATE CUM-COLLECTOR, SAMASTIPUR.
               3.   SUB-DIVISIONAL OFFICER, SAMASTIPUR.
               4.   THE DISTRICT ESTABLISHMENT COMMITTEE SAMASTIPUR
                    THROUGH THE COLLECTOR SAMASTIPUR.
               5.   DEPUTY COLLECTOR DISTRICT NAZARAT- DISTRICT-
                    SAMASTIPUR.
                                                                 ... RESPONDENTS.
                                                   -----------

2. 27.06.2011. Heard learned counsel for the petitioner.

He has approached this Court because the

district authority of Samastipur while preparing a panel

for appointment of Class-IV posts, did not include his

name even though he is supposed to be working on

daily wage basis from the year 1999, in the Sub-

divisional office of Dalsingsarai. Obviously, proper

inputs has not been furnished to the district headquarter

from the local level, which could be the circumstances

why the name of the petitioner has gone missing.

There is material to show that the petitioner

has approached the various authorities including the

District Magistrate, Samastipur but no decision on the

claim of the petitioner has been taken as there is

nothing to indicate that name of the petitioner has been

included or was verified.

Since local authorities are custodian of the
2

records and there is no counter affidavit filed on behalf

of the State which could indicate the exact position, the

writ petition is disposed of with a direction upon the

Sub-divisional Magistrate, Dalsingsarai to verify the

record with regard to the period the petitioner has been

working on daily wage, and thereafter make

recommendation to the District Magistrate, Samastipur,

who will look into the matter. If the claim of the

petitioner stands certified he shall take decision for

inclusion of his name for consideration along with the

rest for appointment on a Class-IV post in the district.

The Court expects the exercise to be

completed before any final decision is taken by the

district authorities to make final appointments.

This writ petition is disposed of with the

above direction.

Ibrar/-                                          ( Ajay Kumar Tripathi, J )