IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13728 of 2009 1. KAMESHWAR PASWAN S/O SRI RAGHUWAN DAYAL PASWAN VILL- BABIPUR, P.S. NAUBATPUR, DISTT. PATNA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA 4. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, PATNA 6. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, PATNA 7. THE INCHARGE MEDICAL OFFICER, M.L.A. HOSPITAL, GARDNER ROAD, PATNA 8. THE ESTABLISHMENT DEPUTY COLLECTOR, PATNA COLLECTORIATE, PATNA ----------- 02/ 21.01.2010 This is the third round litigation at the instance of the petitioner. Initially he had filed C.W.J.C. No. 2578 of 1993 for directing the respondents to appoint the petitioner against Class IV post. Thereafter, he filed C.W.J.C. No. 3799 of 1998 as the post of Sweeper on which he was working on daily wages, from that he had been terminated. The second writ application was disposed of giving direction to the Civil Surgeon, Patna as well as other respondents that if in future the Class IV post, including the post of Sweeper is going to be filled up and petitioner applies, for such post, he will also be considered in accordance with law without being influenced by the earlier order of termination. Now the petitioner has filed this application for directing the respondent Civil Surgeon – - 2 - cum- Chief Medical Officer, Patna for sending his name in proper format as demanded by District Magistrate’s office vide letter dated 15.4.2008 (Annexure-16). Further prayer is for regularization of his service on Class IV post. It seems that the Civil Surgeon –cum- Chief Medical Officer, Patna in the light of the earlier direction in the writ application has recommended for regularization of petitioner’s name, but the recommendation, which has been made by the Civil Surgeon, is not in a proper format, as such the District Magistrate, Patna has refused to act upon such recommendation. The name of the petitioner had lastly been recommended in 2008 on the basis of a panel prepared in 2008. Since the matter has remained pending for more than two years, as such legally on the basis of that panel no order can be passed by the District Magistrate. Accordingly, this writ application is being disposed of directing the Civil Surgeon –cum- Chief Medical Officer, Patna to prepare a fresh panel of Class IV employees to be recommended for regularization. The recommendation must be made in the proper format as desired and asked by the office of the - 3 - District Magistrate, Patna. The panel must be prepared within six weeks from the date of production/communication of this order and admittedly, it should be recommended to the office of the Collector, Panta. The Collector, Patna thereafter, will pass all necessary order relating to approval without further delay preferably, it should be done within three weeks from the date of receipt of the recommendation. Let a copy of this order be handed over to AAG -2. DKS/ (Mridula Mishra, J.)