IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1092 of 2010 SHAMBHU NATH THAKUR S/O LATE SITARAM THAKUR, R/O DARHADI BADHAPUR, P.S- NATH NAGAR (KAZRAILI), DISTT- BHAGALPUR …………… Petitioner Versus 1. THE STATE OF BIHAR THROUGH SECRETARY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENTS, GOVT.OF BIHAR,PATNA 2. SECRETARY-CUM-COMMISSIONER, HUMAN RESORUCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. COMMISSIONER BHAGALPUR DIVISION, BHAGALPUR 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION BHAGALPUR DIVISION BHAGALPUR 5. DISTRICT ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN, BHAGALPUR 6. COLLECTOR, BHAGALPUR DISTRICT BHAGALPUR 7. DEPUTY COLLECTOR, ESTABLISHMENT, BHAGALPUR ………………. Respondents ----------- 02. 21.07.2010 Heard learned counsel for the petitioner and counsel appearing on behalf of the State. Petitioner has prayed for quashing of the Order dated 27.11.2009, contained in Memo No. 582, issued by the Deputy Collector Establishment, Bhagalpur, rejecting the representation of the petitioner for including his name in the panel of daily wagers, working against the sanctioned post of Class IV employees. Earlier, petitioner has come before this Hon'ble Court vide C.W.J.C. No. 12619 of 2009, which was disposed off, giving direction to the respondents to consider the representation of the petitioner. 2 By the impugned order, the representation of the petitioner has been disposed off simply, because no effective Order, directing the respondents to include the name of the petitioner in the panel has been passed. Counsel for the petitioner submits that petitioner’s case is identical to the case of petitioners in C.W.J.C. No. 2591 of 2004. The petitioners in that writ application, namely, Sohan Mandal, Ram Mandal, Manoj Kumar Karan, Mohd. Shamshad Ansari, Manoj Kumar Thakur and Dharamdeo Choudhary were also there in the panel of 2000, prepared by the respondent authorities, in which petitioner’s name was at Srl. No. 92. So far as the name of Manoj Kumar Karan was at Srl. No. 45, Md. Shamshad Ansari at Srl. No. 149, Manoj Kumar Thakur at Srl. No. 135 and Dharamdeo Choudhary at Srl. No. 156. In the subsequent panel of 2001, name of these petitioners as well as petitioner was not included. They moved before this Hon'ble Court in C.W.J.C. No. 2591 of 2004 and a direction was issued to include their names in the panel at the respective places without otherwise disturbing the panel and if any appointment is made during the 3 validity of the said panel, they should also been considered in accordance with that direction. For similar relief, the petitioner had earlier come before this Court, but it was disposed off, giving direction to the respondent to consider his representation, which has been rejected without considering the claim of the petitioner, finding that petitioner is also entitled to same reliefs as the writ petitioners in C.W.J.C. No. 2591 of 2004 were allowed. The present writ application is also being allowed in same terms. The impugned order dated 27.11.2009, passed by the Deputy Collector Establishment, Bhagalpur is quashed. A direction is being issued to the respondents to include the name of the petitioner in the panel at his respective place and consider his case for appointment in accordance with his seniority and the vacancy existing for filling up the post. Accordingly, this application is disposed off. S.K.M. (Mridula Mishra, J.)