IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8941 of 2009 Mira Devi, wife of Shri Ram Babu Jha, Resident of Village – Kushothar, P.O. – Kushothar, P.S. Bahadurpur, District Darbhanga……………….Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna 2. District Magistrate/Collector-cum-Chairman, Appointment Committee, Darbhanga 3. Civil Surgeon-cum-Chief Medical Officer, Darbhanga 4. Directorate of Health through the Director-in- Chief, Health Services, Bihar, Patna. 5. Director-in-Chief, Health Services, Bihar, Patna. 6. Superintendent, Darbhanga Medical College and Hospital, Darbhanga ………………………….Respondents ----------- 3. 19.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Cases of the petitioner and the like were considered by a Division Bench of this Court in L.P.A. No.688 of 1998. By order dated 16.05.2008 as contained in Annexure-2, the said L.P.A. was disposed of with specific direction to make appointment of the appellants, if necessary, by creating supernumerary posts within three months from the date of service of a copy of the order upon the District Magistrate, Darbhanga. Pursuant to the said direction, the District Appointment Committee headed by the Collector, Darbhanga in its meeting held on 09.02.2009 and in specific reference to the order passed in L.P.A., resolved to appoint wrongly left over 2 candidates from the panel for appointment on class IV posts. However, the said recommendation of the Committee has not been complied with by the respondent-Civil Surgeon on the ground that powers of the Civil Surgeon to make appointment were seized and the powers are now vested in the Director-in-Chief, Health Services, Bihar, Patna. In the circumstances, by letters as contained in Annexures 14 and 15, guidelines have been sought for from the Director-in-Chief in the matter. In particular, letter of the Collector to the Director-in-Chief dated 23.02.2009 as contained in Annexure-15 refers to the decision of the Appointment Committee dated 09.02.2009 and directions appear to have been sought for issuance of appointment letters. Learned counsel for the petitioner submits that the petitioner is higher in panel than the appellants of L.P.A. No. 688 of 1998, who were selected and appointed. Therefore, petitioner was also entitled for her appointment in terms of the said resolution of the Appointment Committee dated 09.02.2009. This factual position was noticed by this Court 3 in the order dated 06.08.2009 and the learned counsel for the State was directed to seek instructions and to file counter affidavit. Counter affidavit has been filed on behalf of respondent no.3 today in which it has been again reiterated that the Civil Surgeon is no longer empowered to issue appointment letters. Therefore, necessary directions of the Director-in-Chief, Health services are required in law. Although this position was noticed in the order dated 06.08.2009, no counter affidavit has been filed on behalf of the Director-in-Chief. Nothing has been placed on record to show that the letters of the Civil Surgeon and the Collector as contained in Annexures 14 and 15 were taken notice of by the Director in Chief. In the circumstances, this Court disposes of the writ application with a specific direction to the Director-in-Chief, Health Services, Bihar, Patna to take cognizance of the said letters of the Civil Surgeon and the Collector as contained in Annexures 14 and 15, together with the resolution of the Appointment Committee dated 09.02.2009 as contained in Annexure-1, and pass 4 specific orders in accordance with law and in the light of the said order of this Court passed in L.P.A. No.688 of 1998. The Director- in-Chief must pass specific orders, specifically considering the above materials, positively within one month from the date of receipt/production of a copy of this order. In case of non-compliance of the orders or delay caused in the matter, the Director-in-Chief will be personally considered liable for non- compliance of this order. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)