IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13598 of 2001 AWADHESH PRASAD SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 6. 26-Sep-08 Heard the parties. It is the case of the petitioners that they were eligible for being considered for appointment to the post of Panchayt Sevak on the basis of their being Dalpatis but for the fact that both were over age at the time when selection process stated in the year 1999. It has been submitted on the basis of Annexure-8, a letter of Director, Panchayat Raj Directorate, Bihar dated 23.12.1999 that District Magistrate Muzaffarpur had sent proposal for relaxation of age of three Dalpatis including the two petitioners through his letter No.64 dated 2.6.1999 and the necessary age relaxation was granted by order dated 23.12.1999(Annexure-8). However, in the mean time as appears from Annexure-6, District Magistrate, Muzaffarpur by his order contained in Memo No.35 dated 7.4.1999 completed the selection list for appointment of eligible Dalpatis on the post of Panchayt Sevak. They were directed to submit their joining at the Panchayat Training Institute, Jesidih by 13.4.199 and after three months of training they were to be appointed in various blocks on post of Panchayt Sevak. It is further case of the petitioners that according to 2 the final gradation list of the year 1999 of the working Dalpatis petitioners 1 and 2 are at Serial Nos.46 and 51 respectively whereas the select list contained in Annexure- 6 shows that persons at Serial no.52 and 110, Badri Rai and Dinesh Kumar Singh have been selected. This submission is supported by the gradation list contained in Annexure-5. Learned counsel for the petitioners has submitted that except for objection on account of over age there was no other disqualification attached to the petitioners which would be apparent from the fact that now when the process of selection has restarted, on 11.4.2008 the concerned Selection Committee vide its minutes contained in Annexure-11 has selected the petitioners for the post of Panchayat Sevak . The submission on behalf of the petitioners is that on account of age relaxation granted by the Government in favour of the petitioner they should have been given appointed to the post of Panchayat Sevak in the year 1999 itself when the juniors were selected and oppointed. In support of their case the petitioners have placed reliance upon a judgment of this Court dated 15.9.2006 passed in CWJC No.10973 of 2003 (Jalil Muhamad V. State of Bihar & Ors.) On facts it is found 3 that case of the petitioners stands on similar footing as the case of the petitioner in that case who was also deprived from appointment along with his juniors sometimes in the year 1990 on the ground ob being over age because relaxation of age was granted to that petitioner later. In that judgment this Court was of the view that it was incumbent upon authorities to have taken every step for relaxing the age within a reasonable time so that the concerned employee could be considered along with his juniors. On that account relief was granted to that petitioner by directing that he should be treated to have been appointed on the post from the date on which his immediate junior was appointed. It was further held that since the concerned petitioner had not actually worked in the said post during the intervening period, he would only be entitled to the benefits of notional promotion for the said period and the actual financial benefits would only be given when he actually joined the post of Panchayat Sevak. Except actual payment for the period when he had not worked, he was held entitled that for all other purposes he shall be treated to have joined the post in the year 1990 on the date on which his immediate junior had joined. Learned counsel for the State has pointed out that Jalil Muhamad the petitioner in the aforesaid case had already joined as Panchayat Sevak after selection and 4 had moved this Court for fixation of seniority and grant of consequential benefits of appointment from the date on which his junior was appointed. He also submitted that the entire transaction had taken place before the new Rules of 2003 had come into force. On consideration of the submissions advanced on behalf of the petitioners and learned counsel for the State this Court finds that petitioners have made out a case for rectification of the injustice done to them on account of delay in granting them age relaxation. Hence, the respondents are directed to consider the case of the petitioners for appointment on the post of Panchayat Sevak as per the existing Rules in the year 1999 when Annexure- 6 was issued and after appointment the petitioners must be treated notionally to have joined the post when persons junior to them were allowed to join. They will not be entitled for any monetary benefits for the period they have not worked on the post of Panchayat Sevak but notionally they will be treated to have been appointed along with their juniors and for all other purposes their date of appointment to the post of Panchayat Sevak shall be treated to be the same as the date on which Sri Badri Rai and Sri Dinesh were appointed on the post of Panchayat Sevak . It is expected that the aforesaid exercise shall be completed expeditiously and preferably within a period of 5 four months. The submission that there are no posts available as advanced by learned counsel for the State is found to be without any merit in view of the fact that vide Annexure-11 the petitioners have also been recommended for appointment against post of Panchayat Sevak . The writ petition is allowed to the aforesaid extent. perwez (Shiva Kirti Singh, J.)