IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.216 of 2010 1. NAND KISHORE CHOUDHARY S/O LATE BAUKU CHOUDHARY, R/O VILL-LALUCHAK, P.S- ISHAKCHAK, DISTT- BHAGALPUR – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPRTMENTS, GOVT. OF BIHAR, PATNA 2. THE SECRETARY-CUM-COMMISSIONER HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT. OF BIHAR, PATNA 3. THE COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, null BHAGALPUR DIVISION, BHAGALPUR 5. THE DISTRICT ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN, BHAGALPUR 6. THE COLLECTOR, BHAGALPUR, DISTT- BHAGALPUR – Respondents. ----------- 2 18.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. In this writ petition, the petitioner has prayed for a direction to the respondents to prepare fresh panel and include the name of the petitioner for appointment on Class IV employees in Bhagalpur Commissionery. The petitioner was working on daily wage basis in Bhagalpur Commissionery. Some of the Class IV daily wage employees had come to this court in CWJC No. 2591/2004 praying therein that their names should be included in the fresh panel being prepared in pursuance of the advertisement published in December 2001 and the panel prepared on 8.10.2003. This court directed that the names of petitioners 1, 3, 6 and 7, namely, Shohan Mandal, Manoj Kumar Karan, Md. Samsad Ansari and Manoj Kumar Thakur should be included in the panel; the court further held that petitioners 2 and 3 were not entitled for the purpose of being included in the said panel. Similarly it appears that prior to that some other persons filed writ petitions being CWJC Nos. 11626/2001 and 12318/2001 which were 2 disposed of on 15.1.2002. These persons were claiming that they should be empanelled in the Bhagalpur Collectorate as per the panel prepared on 29.11.2000. This court has given certain directions that the petitioners should be included in the panel of 2000 after giving relaxation of age. The petitioner along with others had also filed a writ petition as far back as in 1994 which was disposed of on 9.5.1995. As per the statements made at paragraph 4 of the writ petition there was a direction that the name of the petitioner should be included in the panel. The grievance of the petitioner is that the petitioner’s name does not find place in the panel published in 2003. This court cannot passed any positive order considering the fact that the panel is of the year 2003 and the petitioner has moved this court in 2010 making a prayer that his name should be included in the panel on the ground that at one point of time he was working as a daily wage employee in the Bhagalpur Collectorate. The question of empanelling the petitioner can only be considered by the authorities in question. This court cannot pass any positive order. This application is dismissed. haque (Sheema Ali Khan, J.)