Md. Sarfaraz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6053 of 2019 ====================================================== Md. Sarfaraz, son of Md. Siraj, resident of Village-Sahwajpur Mahnaiya, P.O.- Kamrown, P.S. - Dalsingsarai, District-Samastipur, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, General Administration Department, Government of Bihar, Patna.

2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The District Magistrate, Samastipur.

4.

The Sub-Divisional Officer, Dalsingsarai, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Respondent/s :

Mr.Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-04-2019 The petitioner seeks a direction to the respondents, more particularly respondent No. 3 (The District Magistrate, Samastipur) for appointing the petitioner and others as they had applied for being considered for Class-IV posts against Advertisement No. 1/2015.

2. The learned counsel for the petitioner has submitted that the petitioner had been rendering services as a Class-IV employee for a long time but after the issuance of Advertisement No. 1/2015, he applied, in the hope of getting in regular service. The name of the petitioner

Patna High Court CWJC No.6053 of 2019 dt.22-04-2019 2/3 appeared in the list which was prepared of such aspirants. However, the list does not contain the names of the aspirants in terms of the number of days that they have put in their services in the government, meaning thereby that no list of priority has been made but only a list indicating the number of aspirants/applicants.

3. Such a list with specific seniority/qualification could not have been prepared without the verification report of the Sub-Divisional Officer, which though has been asked for and the concerned Sub-Divisional Officer has been reminded about sending such verification report, but nothing has been done at his end. Consequently, no appointment has been made pursuant to the Advertisement No. 1/2015.

4. Under the aforesaid circumstances and as prayed for by the petitioner, the petitioner is directed to make a representation before the District Magistrate, Samastipur (respondent No. 3), detailing his grievances within a period of four weeks from today. On receipt of such representation, the District Magistrate, Samastipur (respondent No. 3) shall ensure that the verification report from the Office of the

Patna High Court CWJC No.6053 of 2019 dt.22-04-2019 3/3 Sub-Divisional Officer, Dalsingsarai, Samastipur (respondent No. 4) is received and also cause a list to be prepared from which appointment could be made. The concerned respondent shall also take into account the feasibility of initiating and concluding the process of appointment of Class-IV posts against the Advertisement No. 1/2015 as early as possible, preferably within a period of six months. Any order on the representation disposing it off shall be passed within a period of six weeks of the receipt of such representation.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 25/04/2019