IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.955 of 2008 1. Sadanand Pandey, S/o Late Bambhola Pandey. 2. Bhola Nath Tiwary, S/o Late Sahdeo Tiwary. 3. Ramji Tiwary, S/o Late Mahabir Tiwary. 4. Birendra Kumar Singh, S/o Shri Sakadeo Singh. 5. Vijay Prasad Verma, S/o Shri Dineshwar Prasad. All 4th Grade employees in the Purnea Collectorate, P.S.- K.Khat, Distt. Purnea. ... Appellants/ Petitioners. Versus 1. The State of Bihar, through Secretary, Department of Revenue, Govt. of Bihar, Patna. 2. The Director of Treasury, Govt. of Bihar, Patna. 3. The Collector, Purnea. 4. The Deputy Development Commissioner, Purnea. 5. Krishna Kumar Prasad, Son of Arjun Prasad, posted at Anchal Office, Baysi, Purnea/ Resident of Rajendra Nagar, Madhubani, District- Purnea. 6. Banda Das, son of Late Panchu Das, posted at Anchal Office, Dhamdaha, Purnea, resident of village- Ram Nagar, Maranga, District- Purnea. 7. Chandan Kumar, son of Kamal Prasad Yadav, posted at District Development Office, Purnea, resident of Village- Maranga, District- Purnea. 8. Bindeshwari Prasad Singh, son of Late Raghubir Singh, posted at Anchal Office Bhawanipur, Purnea, resident of Village and P.O.- Rampur Tila, District- Purnea. 9. Baliram Ram, son of Late Shyam, posted at Anchal Office, Dhamdaha, Purnea, Resident of village- Kajkhasara, District- Jehanabad. 10. Darogi Sharma, son of Late Nakchhedi Sharma, posted at Anchal Office, Barhara Kothi, Purnea, Resident of Village- Doomaria, P.O. Parasmani, Purnea. 11. Mahadeo Mandal, son of Shri Musay Mandal, posted at Anchal Office, Purnea East, Purnea, Resident of Village- Kamt, P.O. Balia, District- Purnea. 12.Yogendra Mistri, son of Sri Kishori Mistri, posted at Anchal Office, Bhawanipur, 2 Purnea, Resident of Village- Machheli, P.O. Joriahi, District- Katihar. 13. Shiv Shankar Prasad Yadav, son of Late Baleshwar Pd. Yadav, posted at Anchal Office, Krityanand Nagar, Purnea, Resident of village- Madhubani Kali Pr. Jok, District- Purnea. 14. Ram Chandra Prasad Yadav, son of Shri Bharat Prasad Yadav, posted at Anchal Office, Banmankhi, Purnea, resident of village & P.O. Parvampur, District- Madhepura. 15. Digambar Pandey, son of Late Balbhadra Pandey, posted at Election Office, Sadar, Purnea, Resident of village and P.O. Sansa Gyasi, District- Purnea. 16. Mohan Roy, son of Lakshaman Roy, posted at Anchal Office, Bhawanipur, Purnea, resident of village- Rajendra Nagar, Madhubani, Purnea. 17. Raja Ram Baitha, son of Gopal Baitha, posted at Anchal Office, Purnea East, Purnea, resident of Sipahi Tola, Madhubani, Purnea. 18. Vijay Kumar Sahay, son of Late Shyam Sunder Sahay, posted at Anchal Office, Bayasi, Purnea, resident of Madhubani Lanka Tola, Purnea. 19. Devendra Nath Jha, son of Late Keshav Nath Jha, posted at District Treasury Office, Purnea, resident of village and P.O. Golma, District- Darbhanga. 20. Basuki Nath Sah, son of Late Lakchi Chand Sah, posted at Block Office, Dagarua, Purnea, resident of village and P.O.- Ekamba, Purnea. 21. Amar Nath Mishra, son of Late Dhuwaneshwar Mishra, posted at District Panchayat Raj Office, Purnea, resident of village- Sonsa, Purnea. 22.Pawan Kumar Rai, son of Shree Sita Ram Rai, posted at Anchal Office, Vaisa, Purena, resident of Rajendra Nagar, Madhubani, Purena. 23. Hardeo Yadav, son of Late Nandu Yadav, posted at Anchal Office, Kasba, Purnea, resident of village- Chanka, P.S. K Nagar, Purnea. 24. Chandradeo Paswan, son of Late Bhim Lal Paswan, posted at Anchal Office, Baysi, Purnea, resident of village- Bairagachi, P.O. Kajha, District- Purnea. 3 25. Krityanand Biswas, son of Late Chandra Mohan Biswas, posted at Anchal Office, Amaur, Purnea, resident of S. Balma, P.O. Kasharya, District- Purnea. 26.Akhilesh Paswan, son of Madan Mohan Paswan, posted at District Land Acquisition Office, Purnea, resident of village- Narda, Purnea. 27. Yogendra Rai, son of Late Sukhdev Rai, posted at Anchal Office, Banmankhi, Purnea, resident of Rajghat, B. Kothi, Purnea. 28. Àle Navi Khan, son of Late Mohd. Haneet Kha, posted at Sub-Divisional Supply Office, Sadar Purnea, resident of Mahboob Khan, Purnea. 29. Rajendra Prasad Singh, son of Jagdish Prasad, posted at Anchal Office, Rupauli, Purnea, resident of Village- Devie, P.O. Telsa, Purnea. 30. Rajeshwar Ravidas, son of Shaveer Ravidas, posted at Block Office, Baysi, Purnea, resident of village and P,O. Bansi, Purandaha, Purnea. 31. Shaurav Sharan, son of not known posted at District Confidential Branch, Purnea. 32. Naresh Chandra Jha, son of not known posted at Land Reforms Office, Dhamdaha, Purnea. 33.Smt. Preeti Chakravarty, wife of not known, posted at District Establishment Branch, Purnea. 34. Vijay Kumar Verma, son of not known, posted at Anchal Office, Bayasi, Purnea. 35. Janardan Prasad Yadav, son of not known, posted at Record Room, Purnea. 36. Abu Mohan Das, son of not known, posted at Computer Section (Vikas Bhawan), Purena. 37. Smt. Chapla Rani Das,wife of not known posted at Commissioner’s Office, Purnea. 38.Gajendra Kumar, son of Puran Shankar Verma, posted at District Supply Office, Purnea. 39. Krishnadeo Tudu, son of not known posted at Record Room, Purena. 40. Smt. Manjula Nayak, wife of not known, posted at Anchala Office, Kasba, Purnea. 41. Smt. Maitri Ghosh, wife of not known, posted at District Revenue Branch, Purnea. 42. Devendra Nath Sinha, son of not known posted at Anumandal Sadar, Purnea. ..... Respondents. --------- 4 09. 20.5.2009 Heard Mr. Pushkar Narain Shahi for the appellants. The delay of six days in preferring this appeal is hereby condoned. The appellants are aggrieved by the order dated 16.10.2008, passed in C.W.J.C. No.9008 of 2001, whereby the writ petition has been dismissed. The appellants (writ petitioners) claim consideration for promotion to Class-III post in the Bihar Government from the category of Class-IV employees in the Purnea Collectorate. 2. This litigation has a chequered history. According to the writ petition, the writ petitioners were serving as Class IV employees in the Purnea Collectorate. According to the prevalent Rules, 50 per cent of the class-III posts are reserved for Class IV employees of the Collectorate and are selected on the basis of a limited selection process which took place in 1994. The writ petitioners were not promoted leading to C.W.J.C. No.5710 of 1994, which was dismissed on 28.11.1997. The same was challenged in L.P.A. No.18 of 1998 which was also dismissed by order dated 2.9.1998. The appellants moved the Supreme Court by preferring Civil Appeal No.3751 of 2000, which was allowed by order dated 14.7.2000, and the appellants were permitted to file a fresh writ 5 petition after impleading the successful candidates. The appellants, therefore, preferred the aforesaid C.W.J.C. No.9008 of 2008. By order dated 17.4.2002, passed in the writ petition, notices were directed to be issued to respondent no.5 to 42 therein. After valid service of notices, the writ petition was taken up and dismissed by the aforesaid order dated 16.10.2008, and impugned herein. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears on a perusal of the order of the learned writ Court that as per the roster in force no vacancy was left for the employees of the category of present appellants. We find no material on record to take a different view. It also raises a stale claim. 4. This appeal is dismissed. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/