IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5299 of 2005 Devendra Kumar Gupta, son of Late Dineshwar Prasad Gupta resident of Mohalla Ghagaghat, P.O. Mahendru, P. S. Sultanganj, Patna …Petitioner Versus 1. The State Of Bihar through the Secretary personnel & Administrative Reforms Department, Govt. of Bihar, Patna 2. The Finance Commissioner, Finance Department, Govt. of Bihar, Old Secretariat, P.S. Sachivalaya, Patna 3. The Chairman, Bihar Public Service Commission, 15 Bailey Road, Patna 4. The Bihar Public Service Commission, through its Secretary, 15, Bailey Road, Patna 5. The Deputy Secretary, Bihar Public Service Commission, 15 Bailey Road, Patna 6. Officer on Special Duty, Bihar Public Service Commission, 15 Bailey Road, Patna 7. Sri Paras Nath Yadav, Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 8. Sri Rajiv Ranjan Srivastava Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 9. Sri Ramshish Prasad Yadav Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 10. Sri Hera Ram Singh Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 11. Sri Imran EI R.Daudi Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 12. Sri Kameshwar Prasad Sinha Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 13. Sri Pramod Kumar Singh Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 14. Smt. Anupma Sharma Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 15. Smt. Asha Kumari Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 16. Sri Dilip Kumar Sinha Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 17. Sri Sanjay Kumar Bhagat Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 18. Sri Birendra Kumar & Birendra Kumar Raj Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 19. Sri Vijay Kumar Singh Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 20. Sri Paratama Singh Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 21. Sri Rasheed Akhtar Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 22. Sri Sanjeet Kumar Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 2 23. Sri Nand Jee Paswan Assistant, Bihar Public Service Commission, 15, Bailey Road Patna 24. Sri Tuntun Raj Assistant, Bihar Public Service Commission, 15, Bailey Road Patna …Respondents For the petitioner :Mr. Rupak Kumar & :Mr.Mukesh Kr. Sinha For BPSC :Mr. R.K.Tiwari For the State :Mr. Mritunjay Kumar, AC to AAG 14 ----------- 07. 20.09.2011 Heard learned counsel for the petitioner, the Respondent-Bihar Public Service Commission (for short ‘the commission’) and learned counsel for the State. Sole petitioner approached this Court seeking a direction upon the authorities of the Respondent-Commission to appoint him either as casual worker or on regular basis on any class III post. It is the case of the petitioner that he was initially engaged as daily wages employee/casual employee in 1992. He was permitted to perform duty of class III post. Sometime in the year 1997, he was disengaged from performing the duty on casual basis/daily wages basis. It is the case of the petitioner that the authorities of the Commission subsequently made appointments of some persons but the case of the petitioner was not considered. A counter affidavit has been filed on behalf of the Commission. Learned counsel for the Respondent-Commission referring to the pleadings made in the application tried to explain the circumstances in which appointments of some person were made and the case of the petitioner was not considered. It has been highlighted that admittedly the petitioner was not in employment 3 either on daily wages basis/casual basis with effect from 1997. After making submissions at length , both the parties agree that somewhat similar issue was raised before this Court in CWJC No. 6139 of 2011 (Lakhan Lal Prasad & Anr. Vs. The State of Bihar & Ors.) which stood disposed of by a proceeding dated 26.08.2011. Learned counsel for the petitioner handed in a copy of the said order dated 26.08.2011 which is kept on record marked as ‘X’. In view of the agreement at Bar, this Court, without going into the merit of the case, disposes of the application in terms in which the aforesaid case being CWJC No.6139 of 2011 was disposed of. The Respondent-Commission is directed to consider the case of the petitioner along with others against the vacant sanctioned class III post(s) , if the respondents are in need to appoint personnel and initiate process of selection therefor and petitioner applies thereagainst. While doing so, the Respondent- Commission shall grant the petitioner the benefit of age relaxation for the period he claims to have served the Respondent- Commission. It is expected that the Respondent-Commission shall take a decision in this regard within a reasonable period of time. hr ( Kishore K. Mandal )