IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14822 of 2005 1. KAPILDEO RAI , s/o Late Baldeo Rai, r/o village- Bhopalpur, P. S.- Kotawa, District East Champaran at Motihari. 2. Raj Kumar Ram, s/o late Jaishree Ram, r/o village- Barkhurawo, P. S. Pipra, Kothi, District East Champaran at Motihari. 3. Sheo Prasad Ram, s/o Sri Ram Dayal Ram r/o village- Badaharawa, P. S. Turkanlia, District East Champaran at Motihari. 4. Kanhaiya Lal Prasad, s/o Sri Ganesh Roy r/o Village- Barkhurawa, P. S. Pipara- Kothi, Distt- East Champaran at Motihari. 5. Keshav Kumar Prasad, s/o Late Jogendra Prasad, r/o village- Amar Chhatauli, P. S. Motihari (Mufassil) Distt. East Champaran at Motihari. 6. Satyadeo Sharma, s/o Sri Ramdevi Sharma r/o village- Chand Saraiya, P. S. Pipara- Kothi, Distt- East Champaran at Motihari. 7. Achchelal Ram, s/o Late Masaudi Ram r/o village- Pokhara P. S. Kotawa, District East Champaran at Motihari. 8. Ramagya Ram, s/o Late Bhuali Ram r/o village- Badaharawo, P.S. Turkaulia, District East Champaran at Motihari. 9. Nagendra Ram, s/o Sri Faguni Ram, r/o village- Matiaria, P. S. Harsi, District East Champaran at Motihari. 10. Ram Narayan Das, s/o Sri Baldhari Das, r/o village- Jasanli Patti, P. S. Kotawo, District East Champaran at Motihari. 11. Binod Roy, s/o Sri Akshay Lal Roy, r/o village- Pokhara, P. S. Kotawa, Distt. East Champaran at Motihari. 12. Naresh Pandit, s/o Sri Jamuna Pandit r/o village- Rajpur, Mathia, P. S. Kotawo, Distt. East Champaran at Motihari. 13. Shankar Pandit, s/o Sri Ram Pandit, r/o village- Ashok Pahadi, Tiwari Tola, P.S. Pipara, Dist. East Champaran, at Motihari. 14. Shambhu Tiwari, s/o Late Ram Ayodhya Tiwari, r/o village- Sirasa Colony, P. S. Motihari, Distt. East Champaran at Motihari. 15. Kanhaiya Prasad, s/o Bhagirath Mahto, r/o village- Banjaria, P. S. Motihari, Distt. East Champaran at Motihari. 16. Ram Chandra Mahto, s/o Sri Satya Narayan Mahto, r/o village- Warganj, P.- Pipara Kothi, Distt. East Champaran at Motihari. 17. Indradeo Pandit, s/o Sri Gopichand Pandit, r/o village- Amar Chhatauni, P. S. Mufassil Motihari, Distt. East Champaran. 18. Manoj Kumar Singh, s/o late Gaya Singh, r/o village Basantpur, P. S. Motihari (Mufassil), Distt. East Champaran at Motihari. 19. Binod Roy, s/o Sri Bashishtha Roy, r/o village- Amar Chhatauni, (Mishan) P. S. Mufassil, Distt.- East Champaran at Motihari. 20. Kaushaldeo Mahto, s/o Sri Ram Dayal Mahto, r/o village- Rupdih, P. S. Motiharii, Mufassil, Distt. East Champaran at Motihari. ….. Petitioners. Versus 1. THE STATE OF BIHAR through Chief Secretary. 2. The Commissioner-cum-Secretary, Personal and Administrative Reforms Department, Government of Bihar, Patna. 3. The Commissioner-cum-Secretary, Labour, Employment and Training Department, Government of Bihar, Patna. 4. The Director, Personal and Administrative Reforms Dept. Government of 2 Bihar, Patna 5. The Director, Labour Employment and Training Department, Government of Bihar, Patna. 6. The District Magistrate-cum- Collector, East Champaran at Motihari. 7. The District Development Commissioner, East Champaran at Motihari. 8. The District Welfare Officer, East Champaran at Motihari. 9. The District Employment Officer, East Champaran at Motihari 10. The Deputy Collector, (Establishment), East Champaran, at Motihari. 11. The Sub-Divisional Officer (1) East Champaran at Motihari. ….. respondents. ----------- 6. 27.10.2009. Heard Sri Rajendra Prasad Singh, learned senior counsel appearing on behalf of the petitioners and learned counsel for the State. Prayer made in this writ application initially when it was presented before this Court on 2.12.2005 was confined to consideration of their case and inclusion of their name in the final panel of the year 2005-06 for appointment of Group-D (Class IV employees). Now it is their case that final panel was prepared on 29.8.2005 vide annexure-6 in which the names of the petitioners were omitted. The grievance of the petitioner is that when they were senior and eligible for being included their names in the final panel, decision taken by the Collector of East Champaran District per se is contrary to the government circulars. 3 A counter affidavit has been filed wherein respondents have taken a stand that on the basis of Annexure-6 a cut off 305 mandays was fixed and accordingly in keeping with the government circular rules and regulations a list of 156 persons was notified and appointment has also been made from the aforementioned list as would be also apparent from two office orders dated 6.2.2006 and 18.2.2006 (annexure E and F to the counter affidavit). Respondents have also relied on an order of this Court dated 1.9.2005 passed in MJC No. 1996 of 1998 to contend that whatever directions were given by this Court in the order dated 28.10.1997 in C.W.J.C. No. 12840 of 1996 had been complied and this Court has found no irregularities either in preparation of the panel or appointment made thereunder. Mr. Singh however raised a basic question under which the petitioners seem to have lost the race of either being employed or being appointed. He says that the concept of mandays of the Collector was a novel idea and is contrary to the government circular dated 3rd December 1980 (Annexure-2) or any 4 other subsequent circulars issued by the Board of Revenue for the basis of preparation of panel of Umidawar peons. From the circular dated 3rd December 1980 it appears that the State Government of Bihar through its Chief Secretary has also provided a forum for ventilation of grievance and the Commissioner of the Division has been given full powers to examine any illegalities and arbitrariness in the panel and the consequential appointments. It is this aspect of the matter which has to be looked into by the Commissioner of the Division and since the writ petition was filed at the point of time when the appointments were not made on the basis of mandays, this Court would find it appropriate to give direction to the Commissioner of Tirhut Division, Muzaffarpur to examine the grievance of the petitioners. The petitioners therefore may file their individual representations highlighting the grievance either in respect of non- inclusion of their name in the panel or in the consequential appointment made by the Collector of East Champaran District Motihari and Commissioner of Tirhut Division 5 thereafter shall examine the matter in the light of government policy and circulars and if he would find that the petitioners were discriminated, he would pass appropriate order for ensuring that a fresh panel is drawn and appointments are made on that very panel. In course of doing so if the Commissioner would find that any person being not eligible and/or less deserving than the petitioners has been appointed and that the petitioners on account of revision/inclusion of their name cannot be appointed without removing them from the panel, he would also take steps by issuing notice to those persons whose illegal appointments have been made by the Collector of East Champaran District would pass an appropriate order for their termination of service. Such entire exercise must be completed by the Commissioner of Tirhut Division within a period of six months from the date of filing of such representation by the petitioners, along with a copy of this order. Till such a final order is passed, no fresh appointment will be made on the basis of existing panel by the Collector of East Champaran District. 6 It is however made clear that this stay order will not come in the way of three intervenor petitioners namely Chandeshwar Prasad, Prabhu Nath Mishra and Ramesh Ram whose names have been included in the panel and/or short listed in the roster by the Collector of East Champaran District provided they also satisfy the Commissioner that inclusion of their names in the panel and appointment is justified. With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)