Judgment B.C.Basak, S.N.Jha and Narayan Roy JJ. 1. This case has come up before the Special Bench in view of the order dated the 4th of December, 1990 which will speak for itself. Learned Division Bench has doubted whether the writ court has the authority to give the directions as given in C.W.J.C. Nos. 2004/88 and 1010/88. 2. We have gone through the matter including the order passed in C.W.J.C. No. 2004/88, dated the 5th of May, 1988 by a Division Bench of this Court. In our opinion, there has been some misunderstanding in this matter. There is a Circular dated 5-5-1987 regarding the recruitment of retrenched census employees by which they have been given preference in the matter of appointment if found otherwise eligible for the post. In that case, a stand was taken that 50% of the seats were reserved, but no order was produced to that effect before the Court or before us. Accordingly, the Division Bench issued direction to the District Magistrate, Saran, to absorb the petitioners of that case others similarly situated persons (retrenched Census staff) to suitable posts. However, the Division Bench further directed that until they are so absorbed, the respondents are not to appoint any one from open market. This order was passed on the basis of the order passed in C.W.J.C. No. 1010/88. 3. We are of the opinion that unnecessary complications have been created in this case. There is a Circular bearing No. 4/JANGANAN-5/86-615 and the authorities are to carry out the directions contained in the Circular in toto unless and until it is modified in accordance with law. No such modification or reservation has been produced before us. The only reservation, which is contemplated in the Circular, is in Clause 4 and nothing else. There is nothing in this Circular to the effect that no one can be appointed from the open market, untils and unless the Census employees are absorbed. Accordingly, we dispose of this application by passing the following order: The Deputy Commissioner, Lohardaga, and all other appropriate authorities are directed to consider the case of the petitioners and others similarly situated for the absorption and appointment in accordance with the Circular dated 5-5-1987 which, inter alia, provides that retrenched census employees should be given preference and be appointed if found otherwise eligible for the post. Full effect is to be given to the same until and unless there is any order in modification of the same in accordance with law. The authorities are not prevented from recruitment/appointment from the open market, but other things being equal, the said retrenched employees are to be given preference. The Circular only provides for preference but does not exclude appointment from open market. So far as the applications already made for such appointments/absorptions, they are to be disposed of in accordance with the aforesaid directions and employment to be given with effect from 1st of June, 1992. In respect of others, as and when they make such applications, their case will be considered as stated above and final decision and appointment to be made within a period of one month from the date of receipt of the separate application. We make it clear that if there is any relaxation allowed, then that would also be taken into consideration. We, however, point it out that the question of eligibility shall be considered as on the date of application and not on any later date. This is in accordance with the law laid down by the Supreme Court. We further make it clear that the appointments already made and given effect to shall not be governed by this order and the same shall also remain. 4 Let it be recorded that we have answered the reference only to the extent indicated above and we have not gone into any larger issue as we did not think it necessary. 5. We answer the reference accordingly.