IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2293 of 2010 1. MOHIBUL NADAF, SON OF MD. SALIM NADAF, RESIDENT OF VILLAGE BAJITPUR, P.S. MANIGACHI, DISTRICT DARBHANGA. 2. MAHESH KUMAR MANDAL, SON OF CHUNI LAL MANDAL, RESIDENT OF MOHALLA DONAR CHOWK, P.S. DARBHANGA, DISTRICT DARBHANGA. 3. ASHARFI ROY, SON OF MANRAJ ROY, RESIDENT OF KHATA SARAI, P.S. LAHERIASARAI, DISTRICT DARBHANGA. Versus 1. THE STATE OF BIHAR. 2. SRI SANTOSH KUMAR MAL, THE COLLECTOR AND DISTRICT MAGISTRATE, DARBHANGA. ---------- 06. 11.05.2011 In compliance of my order dated 25.4.2011 and 27.4.2011 supplementary show cause has been filed on behalf of opposite party no.2 annexing the copy of the proceedings of the District Appointment Committee, Darbhanga dated 5.5.2011 whereunder the candidate peons who have been included in the panel prepared for Class-IV appointment, which is annexed as Annexure-A to the first supplementary show cause filed on behalf of opposite party no.2 as also Annexure-1 to the contempt petition have been asked to produce the proof indicating that they served as candidate peon. In this connection, it is pointed out with reference to the orders of the High Court dated 9.12.2009 passed in C.W.J.C. No.6687 of 2000, Annexure-2 that petitioners herein were included in the panel meant for Class-IV appointment in the Collectorate at Darbhanga in the year 1994-95 which itself is a proof of the fact that they have been serving as candidate peon. When such aspect of the matter was brought to the notice of the Additional Advocate General No.2, he submitted that further proof from the candidate peon is required only to fix the seniority amongst the candidate peons who are being 2 appointed against Class- IV post. In case, petitioners furnish the proof of their engagement as candidate peon they will be in a position to better their seniority, otherwise their position indicated in the 1994-95 panel shall be the basis for fixing the seniority of the petitioner. Counsel for the petitioner states that in the light of the statement made by the learned Additional Advocate General No.2 this petition may be disposed of directing the District Appointment Committee, Darbhanga to appoint the petitioners on Class- IV post on the basis of their seniority indicated in 1994-95 panel and if they are able to produce any further proof their seniority may be further improved. Accordingly, in the light of the statement made by Additional Advocate General No.2, Sri Devendra Kumar Sinha, I dispose of the contempt petition observing that petitioners be given appointment on Class-IV post of peon in the Collectorate or attached offices on the basis of their seniority indicated in 1994-95 panel and if they are able to produce any further proof then their seniority may be further improved, accordingly. Necessary compliance of this order by giving appointment to the petitioners be made, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before the Collector, Darbhanga. The contempt petition is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)