IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8618 of 2010 1. Rajendra Prasad, S/O Bishwanath Prasad, R/O Gudari Ray Chowk, Ratanpura, P.S. Bhagwan Bazar, Saran. 2. Binay Kumar Tiwari, S/O Late Balram Tiwari, R/O Muraudpur, P.O.Jhauan,P.S. Avtar Nagar, Saran. 3. Kameshwar Prasad, S/O Late Munshi Rai, R/O Village Singaho Madan Patti, P.O. Mehrauli, P.S. Doriganj,Saran. 4. Kamal Rai, S/O Late Mithu Rai, R/O Mahamadpur,P.S.- Inai, P.S. Revelganj, Saran. 5. Ramji Pandit, S/O Dinanath Pandit,. R/O Ramlita Mathia, P.S. And P.S. Bhagwan Bazar, Saran. 6. Hiralal Yadav, S/O Raghunath Yadav, R/O Village Sawari ,P.O.& P.S. Jalalpur, Saran. 7. Brajendra Nath Pandey, S/O Late Brahma Nand Pandey, R/O Village Devaria,P.O. Devaria, P.S. Revelganj, Saran. 8. Pashupati Singh, S/O Rajeshwar Singh, R/O Village And P.O. Mukrera, P.S.- Revelganj, Saran. 9. Lalan Singh, S/O Shri Dev Bahadur Singh, R/O Village And P.O. Barwan, Via Daudpur, P.S. Daudpur, Saran. 10. Gaya Rai, S/O Late Sahatu Rai, R/O Village And P.O. Narawn, P.S. Avtar Nagar,Saran. 11. Atul Kumar Pandey, S/O Shri Mahendra Nath Pandey, R/O Mohalla Dahiyawan Near Pankaj Cinema, P.S. Chapra Town , Saran. 12. Tarkeshwar Prasad Yadav, S/O Late Ram Janam Rai, R/O Village Dumaria, P.O. Chanchaura Via Khaira, P.S. Muffasil,Saran. 13. Reyaj Ahmad, S/O Late Gudari Khan, R/O Village Kopa, P.S. Kopa, Saran. 14. Ram Pujan Mahto, S/O Late Gajadhar Mahto, R/O Village Madanpur, P.O. Narawn, P.S. Avtar Nagar, Saran. 15. Jay Narayan Rai, S/O Late Saryug Rai, R/O Village- Brahampurpul,P.O. Chapra, P.S. Bhawan Bazar, Saran. 16. Lalan Kumar Singh, S/O Late Baidnath Singh, R/O Nevaji Tola,P.O. Gurukul Mehian,P.S. Muffasil,Saran. 17. Hare Ram Puri, S/O Late Bishram Puri, R/O Village Kohra,P.O. Kohra, P.S. Daudpur, Saran. 18. Surendra Singh, S/O Late Baleshwar Singh, R/O Village Sherpur, P.S.- Muffasil,Saran. 19. Dinanath Singh, S/O Late Yograj Singh, R/O Village Badalpura, P.O. Chirand,P.S. Chapra, Muffasil, Saran. Versus 1. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar,Patna. 2. The Secretary, Revenue And Land Reforms Department, Govt. Of Bihar, Patna. 3. The Secretary, Labour Employment And Training Department, Govt. Of Bihar, Patna 2 4. The Secretary, Personnel And Administrative Reforms Department, Govt. Of Bihar,Patna. 5. The Member Board Of Revenue, Bihar, Patna. 6. The Divisional Commissioner,Saran Division,Chapra. 7. The District Magistrate, Saran. 8. The Deputy Development Commissioner, Saran. 9. The Establishment Deputy Collector, Saran. 10. The District Welfare Officer,Saran. 11. The Executive Engineer, Public Health Division,Chapra. 12. The Executive Engineer, National Rural Employment Programme,Chapra. 13. The Executive Engineer, Building Division,Chapra. 14. The Assistant Director, Sub Regional Employment Exchange, Chapra. 4/ 13/10/2011 Heard learned counsel for the petitioners and learned counsel for the State. In view of the employment notice No.4/11 issued in pursuance of orders of this Court in C.W.J.C. No.2390/10, if the petitioners have applied in pursuance of thereto, naturally they are required to be considered in accordance with law. Learned counsel for the petitioner however submits that this Court in the aforesaid writ application had also observed that the respondents shall be at liberty to frame any policy for preference by weightage and age relaxation to those who have been rendering service in daily wage capacity for long years and since it was a policy matter the Court refrained from positive directions and left it for the State Government to consider appropriately. The advertisement is completely 3 silent on this aspect. The Court finds that even the counter affidavit of the respondents is completely silent. If a policy decision had been taken either ways there may or may not have been occasion for the Court to interfere or not to interfere. The petitioner then may or may not challenge, if aggrieved. Orders of a Court of Law are not an empty formality but are expected to be acted upon by appropriate decisions in terms of the observations made by the Court. Quite obviously, the District Magistrate, Saran is not competent to take such policy decisions which has to be taken by the State Government. The Court expects that the State functionaries shall act reasonably and responsibly and expeditiously so that mere delay in action does not generate further litigation affecting the fate of employment notice No.4/11 itself. The application stands disposed in the aforesaid terms. KC ( Navin Sinha, J.)