IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4796 of 2007 Manish Kumar Sinha, son of Shri Dinesh Prasad Sinha, resident of village Manpur, P.S. Halshi, District Lakhisarai … Petitioner Versus 1. The State Of Bihar Through the Secretary, Land Reforms & Revenue Department, Govt. of Bihar, Old Secretariat, Patna 2. The District Magistrate-cum-Collector, Lakhisarai 3. Deputy Collector, Nazarat, Lakhisarai at Lakhisarai … … Respondents ---------------------------------- For the Petitioner :Mr. Ambar Nath Banerjee, Advocate For the State :Mr. Din Bandhu Singh, G.P. IX 02/ 17.10.2011 Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed praying, inter alia, to direct the State- respondents to consider the case of the petitioner for appointment against Class IV post in the Collectorate, Lakhisarai and its attached offices pursuant to Advertisement No. 1 of 2002 published in Hindustan newspaper dated 27.6.2002. In this connection, it is submitted that petitioner was engaged earlier as candidate peon from time to time, but was not empanelled and his case for appointment pursuant to the aforesaid advertisement was not considered ignoring the circulars of the State Government dated 3.12.1980, 2 26.5.1987 and 25.4.1997 which require the authorities to maintain the seniority list of the candidate peon and to appoint them maintaining their seniority as per their date of engagement as candidate peon. 3. Learned counsel for the State has filed counter affidavit and has also received instruction from the Collector, Lakhisasrai under letter No. 376 dated 16.10.2011, photocopy whereof is taken on record. Learned counsel for the State opposed the prayer made in the writ petition with reference to the averments made in the counter affidavit as also instruction dated 16.10.2011 and submitted that petitioner never applied pursuant to Advertisement No. 1/2002, as such, he was not considered for such appointment. It is further submitted that appointment in the light of the said advertisement has already been made and 28 candidate peons have already been appointed against Class IV vacancies available in the Collectorate, Lakhisarai and its attached offices. Serial number of the petitioner in the panel was 63 which has lost its force in the light of the circular of 3 the State Government, bearing No. 3577 dated 25.4.1997. 4. Having heard counsel fort the parties, I am of the view that while proceeding with the appointment pursuant to the Advertisement No. 1/2002, the authorities were required to have considered the case of every candidate peon for appointment on Class IV post, who had earlier served the Collectorate and its attached offices as candidate peon prior to publication of the Advertisement No. 1/2002. In this connection, I may invite the attention of the authorities towards the circular letter of the Board of Revenue dated 26.5.1987, paragraphs 1 to 4 which specifically provides that the seniority of the candidate peon is to be maintained notwithstanding the fact that he is not regularly engaged to discharge the duties of the candidate peon. Notwithstanding the contents of the circular letter dated 26.5.1987, the case of the petitioner was not considered although he has been serving as candidate peon in the Collectorate and its attached offices, which is admitted in paragraph 7 of the counter affidavit and 4 was included in the panel at serial no. 63. 5. Accordingly, I direct the Collector, Lakhisarai to consider the candidature of the petitioner for appointment against a Class IV post in the light of the contents of the aforesaid circulars dated 3.12.1980 and 26.5.1987 against subsequent vacancies along with others whose names are above the petitioner in the panel in which he is placed at serial no. 63. 6. Necessary consideration in the light of this order be made by the Collector, Lakhisarai as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Collector, Lakhisarai. 7. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)