Patna High CourtCWJC/12581/2007disposed

Shashi Kumar Singh v. The State Of Bihar And ORS

2015-09-04Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12581 of 2007 =========================================================== Shashi Kumar Singh son of late Nunu Prasad Singh, resident of village and Post Office - Rahua Mani, Police Station - Bangaon, Block Kharu, Sub-Division - Saharsa, District Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Saharsa

3. The Deputy Collector Establishment Saharsa

4. The Deputy Collector Nazarat Saharsa

5. The Sub-Divisional Officer Saharsa, Sub-Division, Saharsa .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL JUDGMENT Date: 04-09-2015 Heard counsel for the petitioner and the State as also considered the case of the petitioner.

It is directed that the petitioner, who was included in draft panel at serial no. 76, but was not included in the final panel on the ground of overage, be included in the final panel maintaining his position in the earlier panel in view of the fact that he having been included in the earlier panel could not have been excluded from the final panel on the ground of overage in view of the contents of circular letter dated 03.12.1980 and subsequent circulars clarifying the same. In this connection, I may refer to the order of this Court dated 15.03.2012 passed in CWJC No. 8591 of 2007 in the case of Naresh Tiwari, who was also included in the earlier panel as also in the draft panel, but excluded from the final

Patna High Court CWJC No.12581 of 2007 dt.04-09-2015 2/2 panel on the ground of overage and in his case considering circular letter dated 03.12.1980 and subsequent circulars, this Court directed for inclusion of Naresh Tiwari in the final panel. Case of the petitioner being exactly similar to that of Naresh Tiwari, in his case also same direction, as contained in order dated 15.03.2012 is issued with further direction to the respondent concerned including Collector, Saharsa to take follow up action and issue appointment letter to the petitioner within a reasonable time, not exceeding two weeks from the date of receipt/ production of a copy of this order.

The writ petition is, accordingly, disposed of. (V.N. Sinha, J.) Arjun/- U