IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2388 of 2010 1. ASHOK KUMAR SINGH S/O LATE RAMA SINGH R/O VILL+P.O. & PANCHAYAT MADHOPUR DIGHAURA,P.S.&BLOCK TAJPUR,DISTT-SAMASTIPUR 2. MD.SABIR ALAM S/O MD. AUB R/O VILL +P.O.& PANCHAYAT NARHAN,P.S.BLOCK BIBHUTIPUR,DISTT-SAMASTIPUR 3. ANIL KUMAR MISHRA S/O SRI RAMCHANDRA MISHRA R/O VILL+P.O.-SONUPUR,UNDER GRAM PANCHAYAT-SONUPUR NORTH,P.S.-&BLOCK-ROSERA,DISTT-SAMASTIPUR 4. ASHOK KUMAR TIWARI S/O SRI BUJHAWAN TIWARI R/O VILL BHUSKAUL,P.O.+GRAM PANCHAYAT&P.S. CHAKMEAHSHI,BLOCK KALYANPUR,DISTT-SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY,DEPARTMENT OF PANCHAYATI RAJ GOVERNMENT OF BIHAR,PATNA 3. THE DIRECTOR ,DIRECTORATE OF PANCHAYATI RAJ GOVERNMENT OF BIHAR,PATNA 4. THE COMMISSIONER DARBHANGA DIVISION,DARBHANGA 5. THE DISTRICT MAGISTRATE SAMASTIPUR -CUM- CHAIRMAN,DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE,DISTT-SAMASTIPUR 6. THE DEPUTY DEVELOPMENT COMMISSIONER SAMASTIPUR - CUM-VICE CHAIRMAN,DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE,DISTT-SAMASTIPUR 7. THE DISTRICT PANCHAYAT OFFICER ,SAMASTIPUR-CUM- MEMBER SECRETARY DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE,SAMASTIPUR 8. THE CHAIRMAN /SECRETARY,BIHAR STAFF SELECTION COMMISSION P.O.VETENARY COLLEGE,PATNA ----------- 2. 19.8.2010 Heard learned counsel for the petitioners and the State. The petitioners who are Dalpaties in the District of Samastipur seek relief to be considered and appointed as a Panchayat Sewak in that district. It is their case that there exist 147 vacancies of Panchayat Sewak in Samastipur. Placing reliance on the letter of the District Magistrate, Samastipur 2 dated 16.11.2009, it is asserted that the roster clearance has also been granted and there appears some confusion with regard to vacancies whether they were 65 or 147 and in respect of which he sought guidelines from the Director, Panchayati Raj Directorate, Government of Bihar. No action having been taken, the petitioners have approached this Court. A counter affidavit has been filed by the District Magistrate, Samastipur, who is also the Chairman of the District Panchayat Sewak Selection Committee, Samastipur. In his counter affidavit he takes the stand that as per letter no. 2610 dated 20.8.1998 of the Panchayati Raj Department only 65 posts of Panchayat Sewak had been created in Samastipur. He then goes on to state in the next paragraph that as on date 147 vacancies exist and he had sought clarifications whether the vacancies should be determined at 147 or 65 for filling them up. The Panchayati Raj Department had issued a letter on 19.9.2008 to make appointment only on 65 posts. This direction of the Panchayati Raj Directorate dated 19.9.2008 refers to the letter dated 20.8.1998 mentioned above. 3 The District Magistrate then concludes that the selection committee had considered only 65 vacancies and since the petitioners did not come within the range according to the seniority, they could not be considered for such appointment. A rejoinder has been filed to the counter affidavit by the petitioner bringing on record a letter dated 28.5.2009 of the Directorate of Panchayati Raj. Learned counsel submits that according to this letter as evident from column-24 of the enclosure thereto there were 135 vacancies of Panchayat Sewak in the District of Samastipur out of 380 sanctioned posts. Counsel for the State submits that the counter affidavit is by the District Magistrate, Samastipur, and therefore he requires further time to seek fresh instructions from the Directorate of Panchayati Raj. Perhaps a limited coordination between the Executive authorities, more particularly when it comes to matters before the Court would not only prevent contradictory orders being passed by the Court but also smoothen the administrative functioning. If the administrator sits sanguine, unconcerned about their duties to assist the Court in the dispensation of justice it inevitably leads to 4 overburdening the Court by creating avoidable litigation by reason of administrative deficiency. The entire matter is referred to the Secretary, Department of Panchayati Raj who shall himself ascertain the correct number of vacancies as provided in the Government documents discussed in the present order. He shall then ensure that cases of eligible Dalpaties for promotions are considered in accordance with law on the existing vacancies and appointments made. Let this order be compiled within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)