IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8167 of 2005 SHYAM DEO PANDEY, son of Shri Kusheshwar Pandey, resident of village Rampur, P S – Surajgarha, District - Lakhisarai Versus 1. THE STATE OF BIHAR through the Secretary, Land Reforms & Revenue Department, Government of Bihar, Old Secretariat, Patna. 2. District Magistrate cum Collector, Lakhisarai. 3. Deputy Collector, Nazarat, Lakhisarai at Lakhisarai. ----------- 05. 15.09.2010 Heard counsel for the parties. The reason for the petitioner to approach the High Court is non decision of the respondent District Magistrate, Lakhisarai on the matter of appointment in terms of the advertisement issued by him on 27.6.2002. Advertisement was made by the District Magistrate for making regular appointments on various posts and petitioner was one of the applicants since he is supposed to be a daily wager working under the District Magistrate since the year 1995. This fact is borne out from the so-called panel which was prepared in the year 2000 by the said District Administration. When nothing moved petitioner came to the Court. In the counter affidavit it is the stand of the State that a procedure has been laid down for making appointments in the mofussil. That procedure had to be followed coupled with the fact that there was a general ban in making appointment till budgetary allocation has been made and the approval of the Finance Department is given. Keeping in view the ban the District Administration did not proceed with the advertisement. In reply to the counter affidavit counsel for the State has stated that the ban has now been lifted by the State Government and in 2 view of the same, some exercise must begin now. His stand is that he does not want direction for appointment but he wants at least consideration for appointment keeping in view that he is being made to work on daily wage for the last 15 years. Be that as it may, keeping in view the Government policy and direction in this regard, let the District Magistrate, Lakhisarai do the needful. If exercise for filling up the post can be proceeded with and if there is no other legal impediment in making such appointment where petitioner becomes the applicant, his case too will be considered in its own light provided he fulfils the criteria laid down in the process of appointment initiated by the respondents. The writ application is disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)