CIVIL WRIT JURISDICTION CASE No.5433 OF 1992 ****** In the matter of an application under Articles 226 and 227 of the Constitution of India. ******* 1. Braj Kishore Ojha, son of Ram Karan Ojha, resident of village and P.O. Khabara, P.S. Muzaffarpur, in the district of Muzaffarpur, at present posted as Warder in the Sub Jail, Barh (Patna). 2. Ram Pukar Singh, son of Basant Singh, of village and P.O. Ramchandrapur, Police Station Gopalganj, in the district of Gopalganj, at present posted as warder in the Sub-Jail, at Jhanjharpur. .... Petitioners. Versus 1. The State of Bihar, through the Secretary, Home (Jail) Department, old Secretariat, Patna. 2. The Inspector General of Prisons, Bihar, Old Secretariat, Patna. 3. The Superintendent, Sub-Jail, Barh, Patna. 4. The Superintendent, Sub Jail, Jhanjharpur. ..... Respondents. For The Petitioners: None. For The Respondents: Mr. Anil Kumar Jha, Government Advocate No.2. ****** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ***** S K Katriar, J. The petitioners were, at the relevant point of time, working as Warders in the jails of the Bihar Government. The writ petition has been preferred for a direction to the respondent authorities to consider their cases for promotion to the next higher post of Clerk in accordance with law. 2 2. We have perused the materials on record and considered the submissions of the learned Government Advocate. It appears that an identical writ petition bearing C.W.J.C. No.464 of 1986 (Sidheshwar Prasad and others Vs. The State of Bihar and others), was disposed of by judgment dated 7.2.1990 (Annexure-4), with the following direction: “4. In this view, the impugned order contained in Annexure-3 is quashed and this application is allowed with a direction to prepare the panel in accordance with merit i.e. the marks obtained in the competitive examination held on 19.5.1985 and to make appointment on the post of clerks out of the said panel. There will be no order as to costs.” It appears to us that the order attained finality and the respondent authorities prepared the list of successful candidates on the basis of the aforesaid direction. The select-list dated 26.6.1990 is marked Annexure-3 to the writ petition, on a perusal of which it appears to us that the same is consistent with the directions of the Court. We, therefore, do not find any merit in this writ petition. It is accordingly dismissed. (S K Katriar, J.) Kishore K. Mandal, J. I agree. (Kishore K. Mandal, J.) Patna High Court, Patna Dated the 13th day of January, 2010 S.K.Pathak/ (NAFR)