IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5106 of 2007 Mohan Mahto, son of Ram Briksh Mahto, resident of Mohalla- Chhota Bariyarpur,P.O. and P.S.- Motihari Town, District East Champaran … … Petitioner Versus 1. The State Of Bihar 2. The Commissioner, P.W.D., Vishweswaraiya Bhawan, Bailey Road, Patna 3. The Engineer-in-Chief, P.W.D., Vishweswaraiya Bhawan, Bailey Road, Patna 4. Chief Engineer, N.H., Vishweswaraiya Bhawan, Bailey Road, Patna 5. The Superintending Engineer, Anchal, Muzaffarpur, Maripur, Muzaffarpur, Bihar 6. The Executive Engineer, N.H., Motihari … Respondents ----------- For the Petitioner :Mr. Pravin Kumar, Advocate For the State :M/s S.S. Shabbar Hussain, G.P.-4 & R.K. Sinha, A.C. to G.P.-4 03/ 25.10.2011 Heard learned counsel for the petitioner and Sri R.K. Sinha, A.C. to G.P.-4 for the State. 2. Petitioner was engaged to serve as Chawkidar in the National Highway Division, Motihari for a period of three months under office order, bearing Memo No. 780 dated 11.5.1981, Annexure-1. Later, under letter No. 988 dated 1.7.1985, Annexure-2, his case was forwarded to the Chief Engineer, National Highway Cell (Upbhag) for appointing him as Roller Khalasi. In response to the letter dated 1.7.1985, Annexure-2, the Chief Engineer under letter bearing Memo No. 1166 dated 11.12.1990, 2 Annexure-4 informed the Superintending/ Executive Engineer that appointment of muster roll worker against Class IV post is to be made from the panel published by the District Magistrate, East Champaran at Motihari. 3. It is submitted on behalf of the petitioner that he was engaged to serve as muster roll chawkidar/ Khalasi with effect from 28.1.1981 and with reference to the said engagement, his name was required to have been included in the panel of the candidate peon prepared by the District Magistrate in the light of the instructions of the State Government contained in circular letter No. 16641 dated 3.12.1980, Letter No. 3/7-452/84-11 dated 26.5.1987 and Letter No. 3577 dated 25.4.1997. 4. It is submitted on behalf of the petitioner that had the name of the petitioner been included in the said panel, his case for appointment on Class IV post in the Collectorate, its attached offices or any other line office available in the East Champaran district may have been considered for such appointment, but till date as his name has not been included in the panel 3 of candidate peon, his case for appointment on Class IV post in the Collectorate, its attached offices and any other line office available in the district of East Champaran has not been considered. 5. Counsel for the State has submitted that petitioner was engaged as muster roll chawkidar under office order No. 105 dated 28.1.1981 and soon thereafter he was required to have been included in the panel of the candidate peon maintained in the Collectorate, East Champaran at Motihari, but as neither the petitioner nor the Executive Engineer who engaged him as muster roll chawkidar took any steps for such inclusion, he could not be included in the panel of candidate peon prepared by the District Magistrate in the light of the instructions of the State Government contained in the circular letter dated 3.12.1980 and subsequent clarifications made under circular letters dated 26.5.1987 and 25.4.1997. 6. From the contents of the circular letter clarifying the instructions of the State Government contained in circular letter dated 3.12.1980, it is quite evident that anyone engaged to serve as muster roll 4 worker, his case for appointment on Class IV post in the Collectorate, its attached offices and any other line office situate within the district is to be considered from the panel prepared by the District Magistrate. It is evident from the letter of the Chief Engineer dated 12.9.1990 that petitioner was requesting the authorities of the Road Construction Department to consider his case for appointment against a Class IV post little realizing that power to make appointment on Class IV Post available in the line office is on the recommendation of the District Magistrate from amongst those who are included in the panel of the candidate peon. 7. Accordingly, I direct the petitioner to appear before the District Magistrate, East Champaran at Motihari and represent before him with reference to office order dated 11.5.1981, letter No. 988 dated 1.7.1985 and the letter of the Chief Engineer, bearing Memo No. 1166 dated 11.12.1990, Annexures-1, 2 and 4 with prayer to include him in the panel of the candidate peon giving him seniority from the date of his initial engagement as is required under the 5 clarification letter dated 26.5.1987. 8. Appropriate order in compliance of this order be passed by the District Magistrate, East Champaran at Motihari on the representation of the petitioner as early as possible, in any case within three months from the date of receipt of the representation along with a copy of this order. 9. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)