IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15856 of 2005 1. GANESH PD.DAS son of late Chirkut Das, resident of village Gaighat, P.S. Harsidhi, District – East Champaran. 2. Ramashish Ram son of Motilal Ram of village Paroulia, P.S. Pipra Kothi, East Champaran. 3. Suresh Das, son of late Manshi Das, resident of village – Dekha Kothi Dekha Bazar, P. S. Motihari, Mofussil, East Champaran. 4. Chandra Bhushan Ram son of Janak Ram, resident of village – Dekha Laxman tola, P.O. Dekha Bazar, P S – Motihari, Mofussil, Dist. East Champaran. Versus 1. THE STATE OF BIHAR through Chief Secretary, Patna. 2. The Commissioner cum Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. The Commissioner cum Secretary, Labour Employment and Training Department, Government of Bihar, Patna. 4. The Director, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 5. The Director, Labour Employment and Training Department, Government of Bihar, Patna. 6. The District Magistrate cum Collector, East Champaran at Motihari. 7. The District Development Commissioner, East Champaran at Motihari. 8. The District Welfare Officer, East Champaran at Motihari. 9. The District Employment Officer, East Champaran at Motihari. 10. The Deputy Collector, (Establishment), East Champaran at Motihari. 11. The Sub-Divisional Officer (1) East Champaran at Motihari. ----------- 02. 7.7.2010 Petitioners claim themselves to be the daily wagers working under the respondent District Administration of East Champaran at Motihari. The respondents prepared a panel in the year 2005-06 on the basis of so-called seniority and qualification for appointment on Class- IV post. Petitioners’ name did not figure in the panel even though they claim seniority and better qualification than a lot of other persons who made it to the panel. Besides other submissions counsel has drawn my attention to order dated 27.10.2009 which was passed in CWJC No. 14822 of 2005. It is the case of Kapildeo Rai and others. Learned single Judge in the said order, a copy of which has been produced before me, has disposed of the writ application with liberty to the petitioners of 2 that case to approach the Divisional Commissioner of Tirhut with their claim and the Divisional Commissioner was directed to get the matter verified on all the aspects of the matter including the circular by which panel had to be made. There is some reflection that the district authorities had drawn up the panel on the number of mandays. Whether there is a basis for preparing the panel on mandays was one of the questions which was required to be gone into by the Divisional Commissioner. To ensure consistency in decision making process, the present writ application is also disposed of with liberty to the petitioners to approach the Divisional Commissioner forthwith preferably within a period of 15 days. The Divisional Commissioner shall be obliged in terms of the directions and details recorded in the order to consider the case of these petitioners as well within a reasonable time frame in light of the detailed observation given in Kapildeo Rai case. The writ application is allowed with the above direction. rkp ( Ajay Kumar Tripathi, J.)