IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4256 of 2008 SURENDRA PRASAD, SON OF SARYU SINGH, RESIDENT OF VILLAGE BOSAR, P.S. ATRI, DISTRICT GAYA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF RURAL DEVELOPMENT (PANCHAYATI RAJ), GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR (DIRECTORATE OF PANCHAYATI RAJ), GOVERNMENT OF BIHAR, PATNA. 4. THE COMMISSIONER, MAGADH DIVISION, GAYA. 5. THE DISTRICT MAGISTRATE, GAYA-CUM-CHAIRMAN, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, GAYA. 6. THE DEPUTY DEVELOPMENT COMMISSIONER GAYA-CUM-VICE CHAIRMAN, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, GAYA. 7. THE DISTRICT PANCHAYAT RAJ OFFICER, GAYA-CUM-MEMBER SECRETARY DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, GAYA. ----- RESPONDENTS For the petitioner :- Mr. Sudhir Kumar Sinha, Advocate For the State :- Mr. Satish Kumar Sinha, A.C. to S.C. 1. ----------- 2 18.4.2011 The petitioner was appointed as a Dalpati in Arai Keshopur, Anchal Atri in the district of Gaya. This writ application has been filed that he should be absorbed and appointed as a Panchayat Sewak as per the decision of the State Government. A counter affidavit has been filed stating therein that there are 531 posts of Panchayat Sewak in different districts of Bihar but no post of Panchayat Sewak was created in the district of Gaya which would be apparent from Annexure-8 to the writ application and as such the petitioner could not be appointed as Panchayat Sewak. 2 In the circumstances, this court cannot pass any positive order except to say that if in future post is created in the district of Gaya, the case of the petitioner should be considered in accordance with the rules. This writ application is disposed of with the aforesaid observation. Sanjay ( Sheema Ali Khan, J.)