IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10164 of 2009 Deo Narayan Singh son of Late Shital Prasad Singh, a resident of village Paikpar, P.O. Paikpar, P.S. Bhargama, District Araria Versus 1. The State Of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna 3. The State Project Director, Bihar Education Project Committee, Additional Charge of Secretary Information and Public Contract Department Government of Bihar, Patna 4. The Secretary, Department of Water Resources Minor Irrigation, Govt. of Bihar, Patna 5. The Secretary, Department of Finance, Govt. of Bihar, Patna 6. The Engineer in Chief, Minor Irrigation Govt. of Bihar, Patna 7. The Commissioner, Minor Irrigation, govt. of Bihar, Patna 8. The Chief Engineer, Minor Irrigation, Purnea 9. The Superintending Engineer, Minor Irrigation Circle, Saharsa 10. The Executive Engineer, Minor Irrigation Division, Katihar 11. The Sub-Divisional Officer, Minor Irrigation Sub-Division, Araria ----------- 02/ 20.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner’s request for regularization has been rejected by the Three Member Committee of the State Government under order dated 5.8.2008, Annexure-4 on the ground that he was engaged as daily wager by the Executive Engineer, who was not competent for issuing such engagement order. In this connection, it was pointed out that the petitioner was engaged under orders of the Executive Engineer, Minor Irrigation Division, Purnea, bearing Memo No. 210 dated 21.10.1985, Annexure-1 to this application, which was issued in compliance of the instructions of the Joint Secretary of the State Government in the Cabinet Secretariat, bearing Memo No. 1645 dated 16.9.1985 and the findings recorded by the Committee of the Senior Officers of the Government that petitioner was 2 engaged by the Executive Engineer, who was not competent to engage him, appears to be misconceived. 3. Accordingly, order dated 5.8.2008, Annexure-4 passed by the Three Member Committee of the Secretaries is set aside with direction to the Committee to reconsider the matter in the light of the contents of Memo No. 210 dated 21.10.1985, Annexure-1 that the same is being issued in compliance of the instructions of the Joint Secretary of the Cabinet Secretariat as contained in Memo No. 1645 dated 16.9.1985, as therefrom it is absolutely clear that the Executive Engineer acted in terms of the instructions of the Government, as such, engagement of the petitioner in the opinion of this Court was made on the instructions of the Government and not by the Executive Engineer and such finding is wholly misconceived. Necessary exercise in compliance of this order be made as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 4. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)