SUDHIR KUMAR KATRIAR and JY0TI SARAN JJ.

1. This is an appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna. The appellants are aggrieved by the order dated 20.1.2005, passed by a learned Single Judge of this Court, in CWJC No. 6243 of 2000 (Subhash Chandra Shukla & Ors. Vs. State of Bihar & Ors.), whereby the writ petition has been allowed and it has been directed as follows:

"....In the event recommendations of the Selection Committee dated 6.1.2000 is approved by the Commission the District Magistrate, Siwan, should proceed and make appointment on the post of Panchayat Sewak (Secretary) in the light of the approval granted by the Staff Selection Commission over the recommendation dated 6.1.2000 within a period of two months from the date of receipt of the approval of the Commission."

2. We shall draw the basic facts from the writ proceedings except by specific reference from elsewhere. According to the writ petition, by order dated 24.6.89 (Annexure-1), the State Government took a policy decision that Dalpatis would be appointed as Panchayat Sewaks in the undivided State of Bihar. The decision was taken under the Bihar Panchayat Raj Act, 1947 (hereinafter referred to as the 1947 Act). The 1947 Act was repealed, and replaced, by the Bihar Panchayat Raj Act, 1993 (hereinafter referred to as the 1993 Act). 1993 Act was repealed, and replaced, by the present Bihar Panchayat Raj Act, 2006 (hereinafter referred to as the 2006 Act). By order dated 9.7.96 (Annexure-2), the State Government had directed for preparation of seniority list of Dalpatis for appointment as Panchayat Sewaks. By order dated 20.8.98 (Annexure-4), it had issued orders for creation of 843 posts of Panchayat Sewak (Secretary). In view of the order dated 9.7.96 (Annexure-2), the seniority list of Dalpatis was prepared district-wise. The seniority list of the district of Siwan is at Annexure-3. Consequent upon the preparation of the seniority list of Dalpatis, the State Government issued order dated 23.12.99 (Annexure-5), to proceed with the selection of Panchayat Sewak from amongst the Dalpatis as per the said order dated 24.6.89, read with the order dated 15.6.94.

2.1. The writ petition further states that the Selection Committee met on 3.1.2000, and was adjourned after discus- sion of the issues. The Selection Committee again met and selected 23 Dalpatis for appointment on 6.1.2000 (Annexure-6). By order dated 27.7.2001, the State Government decided that Panchayat Sewaks appointed under the 1947 Act shall be treated as Panchayat Secretary under the 1993 Act. The State Government promulgated the Bihar Staff Selection Commission Rules 2003, by notification dated 31.5.2003, wherein provision has been made for selection of Panchayat Sewaks by the Commission. The State Government issued order dated 15.7.2003, addressed to the District Magistrates, to have the list prepared for the sake of appointment of Panchayat Sewaks ratified by the Commission. By order dated 29.10.2003 (Annexure-D to supplementary counter affidavit), the State Government issued orders putting a complete ban on appointment of Class-Ill employees. The State Government promulgated the Bihar Gram Panchayat (Appointment, Powers and Duties of Secretary) Rules, 2003, which was notified on 15.1.2004 (Annexure-2 to the LPA). By order dated 23.8.2004 (Annexure-8), the ban on appointment of Class-Ill employees was lifted. The inaction thereafter on the part of the authorities of the State Government in completing the selection process initiated for appointment of Panchayat Sewaks from Dalpatis despite the decision of the Selection Committee dated 6.1.2000 (Annexure-6) led to the said CWJC No. 6243 of 2000.

3. While pressing this appeal Mr. S.K. Ghosh, learned Additional Advocate General submitted that the post of Panchayat Sewak has been abolished in the 1993 Act, and the position continues in the 2006 Act. Therefore, there is now no question of appointment of Dal