IN THE HIGH COURT OF JUDICATURE AT PATNA. C.W.J.C. NO. 1638 OF 2007. MAUZE LAL YADAV, SON OF LATE SONE LAL YADAV, RESIDENT OF VILLAGE- PAKAHWA, P.O. AND GRAM PANCHAYAT- DINMO, POLICE STATION AND BLOCK- KUSHESHWAR ASTHAN, EAST, DISTRICT- DARBHANGA. :---PETITIONER. -VERSUS- 1. THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, VISHWASHARAIYA BHAWAN, PATNA. 3. THE DIRECTOR DIRECTORATE OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, VIKAS BHAWAN, PATNA. 4. THE DISTRICT MAGISTRATE, DARBHANGA. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, DARBHANGA. 6. THE BLOCK DEVELOPMENT KUSHESHWAR ASTHAN, EAST, DISTRICT- DARBHANGA :---RESPONDENTS. ======= For the petitioner : M/S Jitendra Kumar Roy & Shushil Kumar Roy, Advocates. For the State : Mr. Fakhruddin, A.C. to S.C. III. ====== 2. 02.08.2011. Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed for modifying the order bearing Memo No. 354 dated 18.05.2004, Annexure-1, whereunder petitioner has been notionally appointed as Panchayat Sewak with effect from 08.05.1992 but has been directed to be paid the salary of Panchayat Sewak with effect from 12.05.2000, the date on which he actually joined as Panchayat Sewak. 3. It is submitted on behalf of the 2 petitioner that his immediate junior as Dalpati was appointed as Panchayat Sewak with effect from 08.05.1992 but petitioner could not be considered for such appointment when the said immediate junior was being considered and appointed as Panchayat Sewak as by that date his service as Dalpati although confirmed but he was included in the seniority list of the Dalpatis taking into account the date of his confirmation as Dalpati which was much below the date of appointment and confirmation as Dalpati of his immediate junior. Highlighting the aforesaid grievance petitioner filed C.W.J.C.No. 10359 of 1993 which was allowed under order dated 09.02.2000, Annexure-2, whereunder Division Bench of the High Court held that seniority of the petitioner in the grade of Dalpati has to relate back to the date of his appointment i.e. 30th August, 1981 with further direction to the 3 State-respondents to implement the order of the Division Bench granting him consequential benefit in the light of his seniority position as a Dalpati within a period of three months from the date on which a copy of the order of the Division Bench is produced before the District Magistrate, Darbhanga. 4. In compliance of the aforesaid order of the Division Bench the District Magistrate has also granted the petitioner promotion as a Panchayat Sewak with effect from 08.05.1992 the date on which his immediate junior Yogendra Singh was promoted as Panchayat Sewak under order bearing Memo No. 1177 dated 26.09.2002, Annexure-3. Having granted the petitioner appointment/promotion as Panchayat Sewak with effect from 26.9.2002 under the impugned order bearing Memo No. 354 dated 18.05.2004 the District Magistrate has granted the petitioner only 4 notional seniority with effect from the date of appointment i.e. 08.05.1992 without giving him any monetary benefit with effect from the notional date of appointment as monetary benefits of the post of Panchayat Sewak has been allowed to the petitioner with effect from 12.05.2000 the actual date of his joining as Panchayat Sewak. 5. Counsel for the petitioner submits that petitioner could not be appointed as Panchayat Sewak with effect from 08.05.1992 when his immediate junior Yogendra Singh was so appointed because of the mistake in the seniority list of Dalpati as thereunder petitioner was included on basis of the date of confirmation and not appointment which was found erroneous by the Division Bench of this Court under judgment dated 9th February, 2000, Annexure-2. 6. Appointment of the petitioner as 5 Panchayat Sewak was delayed until 12.05.2000 on account of the mistake in drawing the seniority list of the Dalpati and for such mistake by the authorities petitioner cannot be allowed to suffer. In appreciation of such fact the impugned order bearing memo No. 354 dated 18.5.2004, Annexure-1 is modified and it is directed that petitioner be paid the arrears of difference of honorarium of the post of Dalpati and salary of the Panchayat Sewak for the period between 08.05.1992- 12.05.2000, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the District Magistrate, Darbhanga. 7. The Writ petition is, accordingly, allowed. P.K.P. (V.N.Sinha,J.)