IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5449 of 2007 Arun Kumar Jha, SON OF RAJDEO JHA, RESIDENT OF VILLAGE- VISHWANATHPUR, P.O. AND POLICE-STATION DUMRA, DISTRICT- SITAMARHI :---PETITIONER. Versus 1. The State Of Bihar 2. THE CHIEF SECRETARY, BIHAR, SECRETARIAT BUILDINGS, PATNA-1. 3. THE COMMISSIONER, TIRHUT COMMISSIONERY, MUZAFFARPUR. 4. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, SITAMARHI. 5. THE DISTRICT NAZARAT DEPUTY COLLECTOR, SITAMARHI. 6. THE DISTRICT PANCHAYAT RAJ OFFICER, SITAMARHI. 7. THE DISTRICT LAND ACQUISITION OFFICER, SITAMARHI :-- RESPONDENTS. ---------------------------------- For the petitioner :- M/S Najmul Hoda & Prabhat Kumar, Advocates. For the State :- Mr. Rabindra Kumar Choubey, S.C. 8. M/S. Minu Kumari, Sanjiv Kumar Mishra, Ashok Kumar, A.C. to S.C.8 3. 04.11.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner was empanelled in the year 1989 to serve as a Candidate Peon in the Collectorate, Sitamarhi and its attached offices which would appear from panel published on 20.7.2003, Annexure-10. In the light of his position in the said panel he became an applicant for appointment on Class-IV post in the Collectorate, and its attached offices pursuant to Advertisement No. 1 dated 23rd November, 2004, Annexure-11. 3. It is submitted on behalf of the petitioner that ignoring the better claim of the petitioner others have been appointed to serve as Class-IV employee in the Collectorate, Sitamarhi and its attached offices under order dated 16th March, 2007, Annexure-16. 2 4. By filing counter affidavit the State respondents have justified the appointment order dated 16th March, 2007 by stating that appointment has been made by granting the applicants marks in the light of the resolution of the Appointment Committee taken on 18.08.2005. 5. From perusal of Paragraph-3 of the counter affidavit it appears that applicants have been allowed marks considering their period and place of engagement. In the event the applicant had served Collectorate, Sitamarhi prior to 21.2.1991 he has been allowed 2 marks but if he has served in other line office then one mark. Those who have been included in 1987 panel have been allowed two marks and others included in 2003 panel have been allowed one mark. Aforesaid marking, in my opinion, is contrary to the Government instructions issued for appointment on Class-IV post in Collectorate and its attached offices. Appointment in the Collectorate and its attached offices is required to be made on the basis of the instructions of the Government contained in circular letter no. 16441 dated 3rd December, 1980, as clarified under circular letter dated 26.5.1987 and 25.4.1997 which, inter alia, provide that the seniority of the candidates included in the earlier panel is required to be maintained in the subsequent panel. The circulars do not provide for giving extra marks to those who have served in the Collectorate than to those who have 3 served in the attached offices or the offices of the other line departments. It is, thus, quite evident that the awarding of marks under resolution dated 18.8.2005 by the Committee is not in tune with the instructions of the Government contained in circular letter dated 3.12.1980, 26.5.1987, 25.4.1997. 6. Having heard counsel for the parties, I direct the petitioner to appear before the Collector, Sitamarhi who should consider the case of the petitioner as per his seniority in the panel in the light of the instructions of the Government contained in the aforesaid three circulars and pass appropriate orders in accordance with law, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. It goes without saying that if any of the appointments made under appointment order dated 16th March, 2007 is not in accordance with the circular of the State Government contained in letter dated 3.12.1980, 26.5.1987, 25.4.1997, appropriate action be taken against the appointees after giving them opportunity of being heard. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)