Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2759 of 2016 =========================================================== Ajay Kumar, son of Late Sachidanand Sinha, resident of Mohalla- Biratpur, Dr. Dharnidhar Road, Post Office and District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Board of Revenue, Patna-1.

3. The Commissioner, Magadh Division, Gaya.

4. The District Magistrate, Aurangabad, District Aurangabad.

5. The Deputy Collector, Establishment, District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda, Adv. For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7 Mr. Gopal Krishna, AC to GA-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 26-02-2018 Heard the parties.

The petitioner is a daily-wager and was an applicant against the Advertisement No.01 of 2009 for appointment/ regularization against a Class IV post so advertised.

He had earlier come before this Court in CWJC No.7397 of 2012 which was disposed of with a direction to the authorities to consider his claim but since his representation was not being disposed of that he has again come before this Court.

A counter affidavit is filed on behalf of the respondents including the District Magistrate, Aurangabad and paragraph 25 of the counter affidavit reads thus:

"25. That it is humbly submitted that the said panel got expired on 27.4.2014 in compliance of the order dated 20.07.2017 of this Hon'ble Court passed in CWJC

Patna High Court CWJC No.2759 of 2016 dt.26-02-2018 No.14866 of 2016 for considering the case of Sunit Kumar for his appointment against Class IV post, the process for extending the life of exhausted panel is going on and the case of the petitioner will also be considered in light of decision taken by the District Level IVth Grade Appointment Selection Committee, Aurangabad." In view of the assurance given by the respondents more particularly the District Magistrate, Aurangabad in paragraph 25 of the counter affidavit which assures that the case of the petitioner would be considered in the light of the judgment and order passed in CWJC No.14866 of 2016 the writ petition is disposed of with a direction to the District Magistrate, Aurangabad to abide by his assurance and dispose of the claim of the petitioner expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this judgment.

The writ petition is allowed with the direction aforementioned. (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28-02-2018 Transmission Date NA