IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.505 of 2007 1. Krishna Rai, Son of Sri Rajdeo Rai, Resident of village + P.O.+P.S.- Sheohar, District- Sheohar 2. Sukhari Paswan, Son of Sri Deoki Paswan, Resident of Village Sheohar, P.O. Sheohar, P.S. Sheohar, District Sheohar 3. Manoj Kumar Pandey, Son of Sri Siya Ram Pandey of Village Umed Chapra, P.O.- Shyampur Bhatha, P.S.- Shyampur, District Sheohar 4. Jai Prakash, Son of Sri Ram Briksha Rai, Resident of Village- Dekuli, Dharampur, P.O. Kamrauti, P.S. Piprahi, District Sheohar 5. Dinesh Patel, Son of Sri Arjun Raut, Resident of village + P.O. + P.S. – Sheohar, District Sheohar 6. Laxman Patel, Son of Sri Rajdeo Rai, Resident of Village + P.O. + P.S.- Sheohar, District- Sheohar 7. Rajesh Kumar, Son of Sri Jashi Paswan, Resident of village- Bishali, P.O.- P.S. and district- Sheohar … … Petitioners Versus 1. State Of Bihar 2. Secretary-cum- Commissioner, Revenue and Land Reforms Department, Govt. of Bihar, Patna 3. Commissioner, Tirhut Division, Muzaffarpur 4. District Magistrate-cum- Collector, Sheohar 5. Deputy Development Commissioner, Sheohar Collectorate, Sheohar 6. Sub Divisional Officer, Sheohar, District Sheohar 7. Establishment Deputy Collector, Sheohar Collectorate, Sheohar ….. …. Respondents ----------- For the petitioners :M/s S.P. Mukherjee, Sr. Advocate, Shanti Pratap & Arvind Kumar Varma, Advocates For the State :Mr. Sanjiv Kumar, A.C. to S.C.-19 02/ 18.07.2011 Counsel for the petitioners states that during the pendency of the writ petition, petitioner nos. 1,2,3,6 and 7 have been appointed on Class IV post in the Collectorate, Sheohar and its attached offices. 2 Petitioner no.4 although recommended for such appointment in the office of the Director, I.C.D.S., but has not been appointed, as according to the Director, I.C.D.S., he is himself the appointing authority and is not to proceed on the basis of the recommendation of the Collector. As Class IV post of the office of the Director, I.C.D.S. is not within the Collectorate, Sheohar and its attached offices, the case of petitioner no. 4 be considered by the Collector, Sheohar for appointment against another Class IV post in the Collectorate, Sheohar or its attached offices as early as possible, in any case within two months from the date of receipt/ production of a copy of this order. 2. So far petitioner no.5 is concerned, it is submitted that he was not appointed as vacancies available in the B.C. category on the date of recommendation stood exhausted, but thereafter one Arjun Prasad Bari retired on 31.10.2008 and the vacancy made available on account of superannuation of Arjun Prasad Bari can be utilized for appointing petitioner no.5 against the said vacancy in the light of the circular of the State Government dated 3.12.1980, 3 26.5.1987 and 25.4.1997. 3. Let the Collector, Sheohar consider the case of petitioner nos. 4 and 5 for appointment on Class IV post in the light of my observation above as early as possible, in any case within two months from the date of receipt/ production of a copy of this order and pass appropriate order either giving them appointment or indicating reasons as to why they cannot be so appointed. Arjun/ ( V. N. Sinha, J.)