IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15499 of 2006 Raju Kumar Sinha, son of Sri Sushil Kumar Sinha, resident of village / mohalla – Karma More, West of A. M. School, P.S. and District – Aurangabad ………………. Petitioner Versus 1. The State Of Bihar through the Secretary, Law Department, Government of Bihar, Patna 2. The Registrar General, Hon'ble High Court of Judicature at Patna 3. The Chairman-cum-District and Sessions Judge, Aurangabad 4. The Registrar, Civil Court, Aurangabad ……………… Respondents ---------------------------------- For the Petitioner : Mr. Anirudh Kumar, Advocate For the High Court : Mr. Amish Kumar, Advocate For the State: Mr. Putul Sinha, AC to G.A.-6 **************** 02. 02.12.2011 Counsel for the petitioner by way of a supplementary affidavit has brought on record a decision rendered in L.P.A. No. 1032 of 2011, decided on 19.07.2011. Petitioner was one Brajesh Kumar, who wanted a direction upon the respondent, District & Sessions Judge, Aurangabad to appoint him on the post of a Clerk, because he was no. 1 in the wait list and two persons, who were selected as per the merit list had not joined, which created a right in his favour due to vacancy caused. Though the learned Single Judge did not give any indulgence or direction in favour of the said petitioner, but the Division Bench in L.P.A. No. 1032 of 2011 came to a considered opinion that a right in favour of the said petitioner arose due to non-filling of the vacancy caused before 31st of December, 2005. In the said case a direction was issued to appoint the petitioner against the said vacancy. Taking queue from the said order, present petitioner submits that his name figures at serial no. 2 in the wait list and 2 since the Division Bench has already taken note of the fact that there are two vacancies in existence, and if the candidate standing at wait list no. 1 has been given the benefit, then from the same logic and reasoning, even the second candidate on the wait list must get his rightful due. Taking into consideration the direction as well as the adjudication made in L.P.A. No. 1032 of 2011, Writ Application is allowed. The respondent no. 3, District & Sessions Judge, Aurangabad is directed to appoint the appellant on the unfilled vacancy in Class-III service by operating the wait list prepared on 8th July, 2005. Such appointment should be made within three weeks from today. It is clarified that on his appointment to Class-III service, the appellant will be bound by Service Rules / Regulation. The appellant will not be entitled to any consequential benefit such as seniority / wages / pay-fixation pursuant to his appointment made under this Order. Writ is allowed. SKM (Ajay Kumar Tripathi, J.)