IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5910 of 2007 AKHTAR SAH & ORS Versus THE STATE OF BIHAR & ORS ----------- 02. 04.02.2011 I. A. No. 10520 of 2010 Initially, the prayer of all ten petitioners in the Writ Application was for a direction to the Respondent, District Magistrate, Bhojpur at Arrah and the District Establishment Committee as well as other Respondent of different Departments to appoint the petitioners against the vacancies existing in Class IV posts in different Department in the district. Petitioners’ claim was that their name is included in the Ummidwar Peons Panel, prepared by the District Magistrate, Bhojpur at Arrah for selection / appointment against the admitted vacancies in the district in different Departments, but still selection process is not being completed by the Respondents. During the pendency of the Writ Application, out of 10 petitioners, 9 have been selected and appointed against the existing vacancies, but so far Shrawan Kumar, petitioner no. 4, who belongs to Backward Class Category is concerned, he has not been selected / appointed till date. Supplementary Affidavit has been filed in the 2 Writ Application and I. A. No. 10520 of 2010 has also been filed in order to bring the developments, which has taken place during the pendency of the Writ Application. In the Interlocutory Application, it has been stated that 109 Ummidwar Peons have been appointed as per the roster and reservation on the basis of revised panel on 28.06.2010. Again thereafter in the month of April, 2010, some vacancies have occurred in Class IV in the Bhojpur Collectorate in Education Department as well as in Water Resources Department, for which also roster has been cleared. But the vacancies have not been filled up out of the panel prepared for Ummidwar Peons. The case of the Petitioner No. 4 is that still three vacancies are existing in Backward Class Category, for which roster clearance also has been made. Last selection has been made on 06.07.2010. The next name in the Backward Class Category is of Petitioner No. 4 in the panel. His name finds place at Serial No. 22. The District Magistrate, Bhojpur at Arrah, as such be directed to fill up the vacancies, for which roster clearance is already there and if these existing vacancies will be filled up, the name of Petitioner No. 3 4 be there to be selected / appointed. Considering the fact that the grievance of 9 petitioners have already been redressed during the pendency of the Writ Application in the normal manner and the statement regarding existing vacancy in the Backward Class Category in the panel, has not been disputed by filing any Counter Affidavit. This application, so far the Petitioner No. 4 is concerned is being disposed of, directing the District Magistrate, Bhojpur at Arrah to consider the case of Shrawan Kumar (Petitioner No. 4) for selection / appointment against the existing 3 vacancies in the Backward Class Category, for which, as per the statement in the Supplementary Affidavit and in the Interlocutory Application, already there is roster clearance. The specific case of the petitioner is that this vacancy exists in Water Resources Department in the district of Bhojpur. The District Magistrate, Bhojpur at Arrah will take steps for selection against the existing vacancies before 31st March, 2011 or otherwise life of the panel will not continue any more. With this direction this application is being disposed of, directing the District Magistrate, Bhojpur at Arrah to take all necessary steps for appointment 4 of Petitioner No. 4 in the Water Resources Department against the existing vacancy within three weeks from the date of production / communication of this Order. Accordingly, this application is allowed. SKM (Mridula Mishra, J.)