Subhas Prasad Singh vs State of Bihar and Others

Shiva Kirti Singh, J.—Heard the parties, inspite of several opportunities and issuance of notice upon Respondent No. 3, the District Magistrate, Banka, no instruction has been received by the learned Counsel appearing for the State and its officials.

Learned Counsel for the Petitioner has referred to Annexure-4, a seniority list of Dalpaties in the District of Banka wherein the Petitioner is placed at serial 90 and another person Nand Kishore Keshri who is at serial No. 92 had moved this Court with a grievance similar to that of the Petitioner vide writ application i.e. C.W.J.C. No. 391 of 1998. The said writ application was disposed of on 6.8.98 with observations that since the matter of appointment to the post of Panchayat Sewak from amongst the Dalpaties was pending since 1994 and the Petitioner of that case had crossed the upper age limit in 1998. Hence, the District Magistrate, Banka, should sympathetically consider the representation of that Petitioner and grant him the necessary relaxation in age so that he may be appointed, if otherwise he is found eligible. It has further been asserted on behalf of the Petitioner that pursuant to the said order of this Court the Petitioner at serial 92 of the seniority list has been appointed as Panchayat sewak and the Petitioner''s case is entirely similar as he has also become over age much after 1994.

In the facts and circumstances of the case, in my view, the Petitioner''s case deserves similar treatment and accordingly he is directed to file a representation before Respondent No. 3, the District Magistrate, for necessary age relaxation and if the Petitioner is otherwise fit to be appointed more so on the basis of being senior to said Nand Kishore Keshri, he will be granted the necessary relaxation in appointment and if otherwise found fit, and if such a representation is filed before Respondent No. 3 within four weeks along with a copy of this order, Respondent No. 3 must dispose of the said representation finally within two months from the date of its receipt.

This writ application is disposed of.