IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18607 of 2011 ****** 1. Arun Prasad, S/o Shri Ram Kishore Prasad, R/o Village- Aroura, P.S.- Deo, District- Aurangabad at present posted as Clerk, P.H.C., Sadar Block, Aurangabad. 2. Imteyaz Alam, S/o late Md. Nizamuddin, R/o Village- Khiriama, (Madanpur Block), P.S.- Madanpur, District- Aurangabad, Clerk, P.H.C., Madanpur, Aurangabad. …….. Petitioners. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of General Administration, Government of Bihar, Old Secretariat, Patna. 3. The Commissioner, Magadh Division, Gaya. 4. The District Establishment Committee, Aurangabad, through its Chairman. 5. The District Magistrate, Aurangabad. 6. The Civil Surgeon cum Chief Medical Officer, Aurangabad. ….Respondents. ------------ 03- 8.12.2011 This matter has been listed under the heading „To be mentioned‟ on the motion made by learned counsel for petitioners by which he has pointed out that the order dated 21.10.2011 has been wrongly typed. He submits that on 21.10.2011 the case had been disposed off with certain directions. Learned counsel appearing for the State who had also appeared on 21.10.2011 accepts this fact that the case stood disposed off with certain directions. 2. It seems that the order passed in some other case has been inadvertently recorded in this case on 21.10.2011 which has been signed instead of the actual order disposing of the writ application. Further, it is common ground that the writ petition was disposed off on the basis of an order passed 2 by this Court in the case of a similarly situated person on 21.07.2011 in CWJC No.11754 of 2011 (Md. Barkat Hussain vs. The State of Bihar and others). Upon consideration of the matter, this Court is in agreement with the stand and submissions of learned counsel for the parties. 3. Accordingly, let the following order which was passed on 21.10.2011, though not recorded in the order sheet, be treated as the order passed in this case on 21.10.2011: “Heard learned counsel for the petitioners as well as learned counsel appearing for the State. The petitioners have moved this Court for a direction to the respondents to adjust them in the office of the Collector, Aurangabad on Class III vacant post of non-technical nature as per the direction issued by the Deputy Secretary of Personnel and Administrative Reforms Department, Government of Bihar under Memo no.9975 dated 13.11.2004. Their grievance is that though they were recommended for a post under the Collectorate, but due to non clearance of the roster they were adjusted on a post in the office of the Civil Surgeon. Learned counsel for the petitioners draws this Court‟s attention to the order dated 14.02.2011 passed in C.W.J.C. No.10922 of 2006 (Deepak Kumar Pathak & Ors. Vs. The State of 3 Bihar & Ors.), in which similarly situated persons were directed to be adjusted against the existing vacancy in the Collectorate cadre. In view of the similar nature of the present case this Court is also inclined to dispose off the case in terms of the order dated 14.2.2011 passed in C.W.J.C. No.10922 of 2006. The District Magistrate, Aurangabad is directed to consider the cases of the petitioners to adjust them in the Collectorate cadre, if such posts still exist and are vacant. Let the same be done within two months from the date of presentation/receipt of a copy of this order upon him. It goes without saying that the petitioners, pursuant to such adjustment, shall be given all consequential benefits including that of continuity in service as well as pay protection. This writ petition is disposed off with the aforementioned directions.” 4. Accordingly the order dated 21.10.2011 stands modified in the aforesaid terms. (Ahsanuddin Amanullah, J.) S.K.Pathak/