IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.62 of 2011 1. Dina Nath Jha son of late Shobhakant Jha, resident of Village & P.O. Ghosrama, P.S. Hayaghat, District Darbhanga 2. Ram Naresh Kunwar son of late Raj Kant Kunwar, resident of Villae Abdullapur Darhar, P.O. & P.S. Laheriasarai, District Darbhanga 3. Rabindra Choudhary son of Sri Satyadeo Choudhary, resident of Village Barhetta, P.O. & P.S. Laheriasarai, District Darbhanga 4. Binodanand Choudhary son of late Sita Ram Choudhary, resident of Village Govindpur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 5. Ratan Kumar Choudhary son of late Rajendra Choudhary resident of Village Govindpur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 6. Sheo Ganesh Choudhary son of Sri Laldeo Choudhary, resident of Village Govindpur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 7. Raj Kishore Choudhary son of Sri Ram Udar Choudhary, resident of Village Govindpur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 8. Anand Kumar Jha son of Sri Jaibir Jha, resident of Village- Ghogharaha, P.S. Chandauna, District Darbhanga 9. Arun Kumar Jha son of Sri Nand Lal Jha, resident of Village- Balbhadrapur, P.O. Laheriasarai, P.S. Sadar, District Darbhanga 10. Ramdeo Jha son of late Tej Narayan Jha, resident of Village, P.O. & P.S. Bahadurpur, District Darbhanga 11. Ashok Kumar Sinha son of Vishnudeo Prasad Sinha, resident of Village & P.O. Laxmisagar, P.S. L.N.Mithila University, Darbhanga 12. Abul Hayat son of late Md. Salim, resident of Village Sarai Sattar Khar, P.O. & P.S. Laheriasarai, District Darbhanga 13. Subrat Chandra son of Sri Arun Chandra resident of Mohalla – Bangali Tola, District and town of Darbhanga 14. Surendra Jha son of Sri Babu Prasad Jha, resident of Village- Balbhadrapur, Navtolia, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 15. Sudhir Kumar son of Sri Shobha Kant Kumar, resident of Village & P.O. Ganga Patti, Laheriasarai, P.S. Laheriasarai, District Darbhanga 16. Murari Prasad son of late Parmeshwar Prasad, resident of Mohalla- Abhanda Pokhar, Bakargannj, P.S. Laheriasarai, - 2 - 5 27.6.2011 District Darbhanga 17. Ram Pukar Jha son of Sri Ram Padarath Jha, resident of Village- Balbhadrapur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 18. Ram Bhuban Jha son of Sri Bhola Jha, resident of Village- Balbhadrapur, P.O. Laheriasarai, P.S. Bahadurpur, District Darbhanga 19. Anil Kumar Singh son of Sri Ram Vilas Singh, resident of Village- Kalighat, Ganipur Tarauni, P.O. Subhankarpur, P.S. Bahadurpur, District Darbhanga …. (Petitioners) - Appellants VERSUS 1. The State of Bihar 2. The Commissioner, Darbhanga Division, Darbhanga 3. The Collector- cum- District Magistrate, Darbhanga 4. The Deputy Collector, Establishment, Darbhanga Collectorate, Darbhanga …… (Respondents) - Respondents -------- For the Appellants : M/s S. P. Mukherjee, Sr Advocate With Shanti Pratap, Advocate For the State : Mr Sushil Kumar Jha, AC to GP 18 -------- Heard learned counsel for the appellants and learned counsel for the State. The relief which the writ petitioners sought from this Court was to command the respondents to consider the case of the petitioners for appointment against sanctioned and vacant class IV posts under the Darbhanga Collectorate and its offices. Further relief sought for was for declaring that non- consideration of their case for such appointments is illegal and arbitrary. Although learned counsel for the appellants has - 3 - referred to Annexure- 2, an order passed in the year 1996 in a writ petition of the year 1994 preferred by Bihar Rajya Fourth Grade Employees Association District Unit and others, we do not find that the appellants can be granted any other observation for their benefit except what has been indicated in the order under appeal. No appointment made earlier or any order has been challenged by the appellants and they are claiming relief of consideration only on the basis of a panel of the year 1992. Sufficient observations in their favour have already been made by the Writ Court. It is not possible to grant any other relief to the appellants. In our view, there is no finding given by the Writ Court on any issue of fact so as to prejudice the case of the appellants. We are also of the view that authorities shall consider the case of the appellants also while considering case of others eligible candidates in accordance with law. The appeal is disposed of accordingly. sk (Shiva Kirti Singh, J.) (V. Nath, J. )