IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1143 of 2003 SARBA NAND SINGH Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr.S. K. Verma For the Respondents: Mrs. Nilu Agrawal, G.A. 10. ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 7th July, 2008. We heard counsel for the parties. The necessity of filing the present M.J.C. arose, according to the petitioner, since the respondents deliberately disobeyed the order dated 18.12.1996. The relevant portion of the order dated 18.12.1996 reads thus : “Having heard the parties, the respondent- Superintendent, A.N.M. Medical College and Hospital, Gaya is directed to look into the matter. If the petitioners were engaged on daily wages basis and have performed duties during the aforesaid period and/or a part of such period then admitted wages to be released in favour of the petitioners within a period of one month from the date of receipt/production of a copy of this order. So far as the regular appointment of the petitioners are concerned, it is observed that in future the respondents if fill up any Class IV Post, including the post of Night Guard in the A.N.M. Medical College and Hospital, Gaya, and the petitioners apply in pursuance of such advertisement, then the respondents will consider the case of the petitioners for such regular appointment, in accordance with law. If, necessary, they may also consider the cases of petitioners relating to relaxation of age bar, if any, taking into note that the petitioners earlier performed duties.” - 2 - Show cause has been shown by respondent no. 3 as well as by respondent no. 7. It is stated in the show cause that the District Magistrate, Gaya is the competent authority. In the year 2000, the District Magistrate, Gaya issued an advertisement for appointment to Class IV posts but the petitioner did not apply pursuant to the said advertisement. There is nothing on record that may indicate that pursuant to the advertisement issued by the District Magistrate, Gaya for appointment to Class IV posts, any application was made by the petitioner. In this view of the matter, we are satisfied that no case of deliberate disobedience of the order dated 18.12.1996 by the respondents is made out. The M.J.C. is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-