IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8976 of 2002 PARMESHWAR MANDAL Versus THE STATE OF BIHAR & ORS For the Petitioner : Mr. Satyendra Kumar Jha For the State ; Mr. Dilip Kumar,J.C. to G.A. 3. ----------- 4. 12.02.2009 Heard learned counsel for the petitioner and the State. No counter affidavit has been filed on behalf of Respondents. This Court does not consider it necessary to adjourn the matter any further for that purpose. The limited prayer in this application is for opening of service book of the petitioner and indicating therein his date of joining in service as 17.1.1997. The petitioner claims to have been appointed on Class IV post as Khalasi by Respondent no. 4 by an order dated 17.1.1997. He claims to have joined service on that date itself. On 7.6.1997 his services were terminated. The controversy arose with regard to certain issues of relaxation of age. The petitioner preferred CWJC No. 7499 of 1997, which was disposed on 22.9.1998 directing the Respondents to take appropriate decision with regard to the issue of relaxation of age. In pursuance thereof followed the order dated 16.3.1999 of Respondent no. 2 presently at Annexure-4 granting him necessary relaxation and directing Respondent no. 4 to permit the petitioner to rejoin his duties and that he shall be deemed to be an appointee from 17.1.1997. This Court in exercise of powers under Article 226 2 of the Constitution of India is virtually being asked to discharge the duties of an executing Court when the Respondents have chosen to urge no ground whatsoever for non-compliance. If a superior Government official has issued any direction, administrative discipline requires the subordinate to comply therewith unless the decision is modified, annulled, clarified or recalled. It is not the case of the Respondents that any such subsequent decision has been taken with regard to the order dated 16.3.1999. The petitioner has suffered enough. He cannot be left to the vagaries of the Respondents. This Court, therefore, pronounces that the date of joining of the petitioner in terms of Annexure-4 shall be deemed to be 17.1.1997 for all purposes. The writ application stands allowed. AKS/ (Navin Sinha, J.)