IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9795 of 2009 BIJENDRA PASWAN, AGED ABOUT 48 YEARS SON OF LATE TAURI PASWAN, RESIDENT OF VILLAGE NADWAN, POLICE STATION DHANARUA, DISTRICT PATNA------PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, PATNA. 4. THE ESTABLISHMENT DEPUTY COLLECTOR, PATNA----RESPONDENTS. ----------- 04. 19.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner was engaged to serve as Candidate Peon in the Collectorate, Patna as would appear from Memo No. 426 dated 30.5.1983 issued under the signature of Deputy Collector, Najarat, Patna, which is contained in Annexure-1 to this application. In the light of the aforesaid engagement petitioner served as candidate peon in the Collectorate until December, 2005 whereafter he has been disengaged as he had filed C.W.J.C. No. 2264 of 2006 praying inter alia to regularize his services, which was disposed of under orders dated 4.12.2006, Annexure-8 directing the State Respondents to consider the case of the petitioner and others for regularization. It appears State Respondents considered the case of the petitioner for regularization and rejected the same under orders dated 25.9.2008, Annexure-10. 3. Petitioner has filed this writ application for setting aside the order dated 25.9.2008, annexure-10 and thereafter to direct the authorities to consider his case for regularization in the light of the circular of the State Government bearing No. 16440 dated 3.12.1980, which inter alia empowers the District Magistrate to consider the case - 2 - of Candidate Peon serving in the Collectorate for regularization. Under orders dated 4.12.2006, Annexure-8 this Court directed the three men committee of the Superior Officers of the State Government to consider the case of the petitioner and others for regularization without noticing the contents of circular dated 3.12.1980, which is applicable to the employees engaged as candidate peon in the Collectorate. In the light of circular dated 3.12.1980, the District Magistrate has to prepare a panel of the candidate peons serving in the Collectorate, attached offices including the Government Schools and Hospitals of the district on daily wage basis and thereafter from the panel appointments have to be made on Class-IV post in the Collectorate, attached offices of the Government including Government Schools and Hospitals of the District. 4. Petitioner having served as candidate peon in the Collectorate, Patna for the period between 1983 till 2005 is required to be included in the panel prepared in terms of the instructions of the State Government contained in circular dated 3.12.1980 giving him the benefit of service rendered by him during the aforesaid period and thereafter he should be considered for appointment against the available Class-IV vacancies in the Collectorate, attached Offices of the Government including Government Schools and Hospitals of the district as per the roaster position. Petitioner is not aware whether he has been included the panel of the candidate peon(s) prepared by the Collector, Patna. 5. Accordingly, I direct the District Magistrate, Patna to - 3 - examine the case of the petitioner and if he has not been included in the panel then to include him in the panel of candidate peons after giving him due weightage for his entire engagement rendered for the period between 1983 till 2005 and then to consider his case for appointment against Class IV post in accordance with law against the available Class-IV vacancies as per the roaster point. His case for payment of wages from May 2005 till December, 2005 be also considered. Necessary consideration in the light of this order be made as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)