IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13634 of 2005 MD.ZEYAUL HODA s/o late Shamsul Hoda, R/At- Bakarganj,P.S.Laheriasarai, District- Darbhanga. Versus 1. THE STATE OF BIHAR through Chief Secretary,. 2. The Commissioner-cum- Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, Patna. 3. The Director-in-Chief , Health Services, Govt. of Bihar, Patna. 4.The Chief Malaria Officer, Bihar, Patna. 5. The District Magistrate-cum-Collector, Darbhanga. 6. The Civil Surgeon-cum- Chief Medical Officer, Darbhanga. 7. The District Malaria Officer, Darbhanga. ----------- 5 28.4.2011 A counter affidavit has been filed by the State. Heard the parties and with their consent this application is being disposed of at this stage itself. The petitioner was engaged on daily wages in Malaria Eradication Programme as D.D.T. sprayer. By nature of it, this work is for a short period in a year. However, in 1991, the State Government took a decision to offer permanent employment in State services to such seasonal workers. It directed that the District Malaria Officer would prepare a list of all such persons and forward the same to the District Collector for being empanelled and being offered Class III and Class IV post as and when available as per their qualification and as per their seniority in the panel. The prayer in the writ petition is for a direction to the Collector, Darbhanga to empanel the petitioner, whose name has been duly forwarded and to consider him for permanent job. The grievance of the petitioner is that the Collector, Darbhanga is not acting pursuant to the recommendation ,as made and is not adding the petitioner and his like in the district panel. In my view - 2 - similar situation has already been dealt with by this Court on several occasions. Once the State Government took a decision, it is not open for the District Magistrate-cum- Collector, Darbhanga to ignore the same what ever reservation he may have in that regard. I, therefore, direct the District Magistrate –cum- Collector ,Darbhanga to accept the list ,as provided by the District Malaria Officer, Darbhanga and giving due seniority to the petitioner and his like consider them for State service in Class III or Class IV post as per their qualification, seniority and availability of the post. This should be done by the District Magistrate-cum- Collector, Darbhanga within a period of three months from the date of production o a copy of this order before him. With the aforesaid observation and direction, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)