IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11754 of 2011 Md. Barkat Hussain, Son of Shri Karimuddin, R/O of Village Shivrajpur, P.S. Nabinagar, District- Aurangabad. At present posted as Clerk, P.H.C. Goh, Aurangabad (Bihar) Versus 1. The State of Bihar 2. The Principle Secretary, Department of General Administration, Government of Bihar, Old Secretariat, Patna. 3. The Commissioner, Magadh Division, Gaya. 4. The District Establishment Committee, Aurangabad through its Chairman. 5. The District Magistrate, Aurangabad. 6. The Civil Surgeon cum Chief Medical Officer, Aurangabad. ----------- 2. 21.07.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the State. The petitioner has moved this Court for a direction to the respondents to adjust him in the office of the Collector, Aurangabad on class III vacant post of non- technical nature as per the direction issued by the Deputy Secretary of Personnel and Administrative Reforms Department, Government of Bihar under memo No. 9975 dated 13.11.2004. His grievance is that though he was recommended for a post under the Collectorate, but due to non clearance of the roster he was adjusted on a post in the office of the Civil Surgeon. Learned counsel for the petitioner draws this Court’s attention to the order dated 14.02.2011 passed in C.W.J.C. No. 10922 of 2006 (Deepak Kumar Pathak & Ors. 2 Vs. The State of Bihar & Ors.) in which similarly situated persons were directed to be adjusted against the existing vacancy in the Collectorate cadre. In view of the similar nature of the present case this Court is also inclined to dispose off the case in terms of the order dated 14.2.2011 passed in C.W.J.C. No. 10922 of 2006. The District Magistrate, Aurangabad is directed to consider the case of the petitioner to adjust him in the Collectorate cadre if such posts still exist and are vacant. Let the same be done within two months from the date of presentation/receipt of a copy of this order upon him. It goes without saying that petitioner pursuant to such adjustment shall be given all consequential benefits including that of continuity in service as well as pay protection. This writ petition is disposed off with the aforementioned directions. Anand Kr. ( Ahsanuddin Amanullah, J.)