IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3643 of 2010 1. Mithilesh Pathak, SON OF ANIL PATHAK, RESIDENT OF MOHALLA- BIRATPUR, P.O.+P.S.-AURANGABAD IN THE DISTRICT OF AURANGABAD. 2. ALOK KUMAR, SON OF RAM SWARUP YADAV, RESIDENT OF VILLAGE- KAMABIGHA, P.O.- KUNDA, P.S.- AURANGABAD IN THE DISTRICT OF AURANGABAD. 3. SHAILESH KUMAR SINHA, SON OF INDU BHUSHAN SINHA, RESIDENT OF VILLAGE- BHASHKAR NAGAR (KAMA ROAD), P.O.+P.S.- AURANGABAD IN THE DISTRICT OF AURANGABAD. 4. RAVI KANT, SON OF ARUN YADAV, RESIDENT OF VILLAGE- VISHWAMBHARBIGHA (KUSHI TOLA), P.O. KARMA BHAGWAN, P.S.- AURANGABAD IN THE DISTRICT OF AURANGABAD. 5. AWDHESH RAM, SON OF BRAHMDEO RAM, RESIDENT OF VILLAGE- TEZPUR, P.O.- HASANPUR MAKHAS, IN THE DISTRICT OF VAISHALI :---PETITIONERS. Versus 1. The State Of Bihar THROUGH ANUP MUKHERJI, SON OF NOT KNOWN, CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. SRI SARYU PRASAD SHARMA, SON OF NOT KNOWN, SECRETARY, BOARD OF REVENUE, BIHAR, PATNA. 3. K.P.RAMAIYA, SON OF NOT KNOWN, COMMISSIONER, MAGADH PRAMANDAL, GAYA. 4. KUNDAN KUMAR, SON OF NOT KNOWN, DISTRICT MAGISTRATE, AURANGABAD, DISTRICT- AURANGABAD :--- OPPOSITE PARTIES. ---------------------------------- with Miscellaneous Jurisdiction Case No.2267 of 2009 Rakesh Kumar Sinha & Ors Versus The State Of Bihar & Ors ---------------------------------- with Miscellaneous Jurisdiction Case No.3556 of 2009 Ram Janam Prasad & Ors. Versus The State Of Bihar & Ors. ---------------------------------- with Miscellaneous Jurisdiction Case No.2589 of 2009 Surendra Kumar Chaudhary @ Surendra Chaudhary & Ors Versus The State Of Bihar & Ors ---------------------------------- 8. 09.08.2011. Heard learned counsel for the petitioners and the State. 2 2. These four contempt petitions arise out of order dated 02.12.2008 passed by Shiva Kirti Singh, J. in C.W.J.C.No. 6640 of 2007, order dated 10.4.2009 passed by S.K.Katriar, J. in C.W.J.C.No. 4447 of 2009, C.W.J.C.No. 4529 of 2009, order dated 14.9.2009 passed by V.N.Sinha, J. in C.W.J.C.No 12044 of 2009 following the order dated 02.12.2008 in C.W.J.C.No. 6640 of 2007, whereunder direction was given to Collector, Aurangabad to make appointment on Class-IV post in the Collectorate and attached offices from amongst the candidate peons as also others who are covered by the different circulars of the State Government dated 03.12.1980, 26.5.1987, and 25.4.1997 giving preference to the candidate peons who were included in the earlier panel(s). After some dithering in the matter the Collector, Aurangabad has prepared the panel giving preference to the candidate peons in the light of the instructions of the Government contained in the aforesaid circular and has also made 3 the appointments. 3. Counsel for the petitioners and the intervener(s) are not satisfied by the appointments made by the Collector as according to them even others who never served as candidate peon have also been appointed. 4. Counsel for the interveners states that services rendered by the seasonal or daily-wage employees against the Class-IV post of medical cadre has not been taken into account and they have not been given the benefit of mandays served by them. 5. For the aforesaid two grievance petitioners and the interveners shall be well advised to file their separate writ petitions. These contempt petitions are disposed of as appointment from amongst the candidate peons have already been made giving them preference in the light of the circular of the Government. P.K.P. (V.N.Sinha,J.)