IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.482 of 2006 ------- 1. Rabindra Nath Tiwari, s/o late Daroga Tiwari, resident of Village Bellwasa, P.O. Baliya Via & P.S. Hussainganj, District Siwan. 2. Hridayanand Pandey, S/o late Ram Pravesh Pandey, resident of Village and P.O. Patedha, P.S. Maharajganj, District Siwan. 3. Suman Prasad Gupta, s/o late Brahma Sah, resident of Mohalla Ayodhyapuri, At & P.O. & P.S. & District Siwan. 4. Paras Nath Prasad, s/o late Raj Narayan Prasad, resident of Village Mahodinpur P.O. and District Siwan. Petitioners no.1 to 4 in the writ petition. 5. Sudarshan Ram, s/o late Hargen Ram, resident of Village Juafar P.O. Chakia, P.S. Bhagwanpurhat, District-Siwan. ( Petitioner no.6 in the writ petition) 6. Manoj Narayan Sharan, s/o Madhusudan Sharan Prasad resident of Village Mohobinpur P.O.& District Siwan. ( Petitioner no.8 in the writ petition 7. Bharat Raut, s/o Late Ram Ratan Raut, resident of village Karhi Kola P.O. & P.S. Basantpur, District Siwan ( Intervener Petitioner no.1 in the writ petition) 8. Bharat Mishra, s/o late Raghunath Mishra, resident of village Kanhauli, P.S. Husilpur Nand Via Basantpur District-Siwan (Intervener petitioner no.2 in the writ petition) Versus 1. State of Bihar 2. Secretary cum-Commissioner, Department of Labour, Employment and Training, Government of Bihar, Patna. 3. Director (Employment and Training), Directorate of Employment, Government of Bihar, Patna. 4. Collector, Siwan 5. Deputy Development Commissioner, Siwan 6. Deputy Collector (Establishment), Siwan 7. Circle Officer, Siswan, District Siwan 8. Block Development Officer, Siswan, District Siwan 9. Block Development Officer, Darauli, District Siwan 10. Block Development Officer, Raghunathpur, District Siwan 11. Block Development Officer, Daraunda, District Siwan 12. Block Development Officer, Hussainganj, District Siwan (Respondents no.1 to 12 in the writ petition) 13. Mritunjay Singh, s/o Raghaw Rai resident of Vill and P.O. Jasaulikharg via Pachrukhi, District Siwan (petitioner no.5 before the writ court) 14. Lal Babu Prasad, s/o Thakur Prasad, resident of Village and P.O. Tarwa District Siwan. (petitioner no.7 before the writ court) ….. Respondents ----------- - 2 - For the appellants : Mr. Amarendra Narayan, Advocate For the respondents-State : Mr. Rajesh Kumar, Government Pleader VIII Mr. Ashutosh Singh, junior counsel to Government Pleader VIII WITH LPA No.529 of 2006 ---- 1 The State of Bihar 2. Secretary cum-Commissioner, Department of Labour, Employment and Training, Government of Bihar, Patna. 3. Director (Employment and Training), Directorate of Employment, Government of Bihar, Patna. 4. Collector, Siwan 5. Deputy Development Commissioner, Siwan 6. Deputy Collector (Establishment), Siwan 7. Circle Officer, Siswan, District Siwan 8. Block Development Officer, Siswan, District Siwan 9. Block Development Officer, Darauli, District Siwan 10. Block Development Officer, Raghunathpur, District Siwan 11. Block Development Officer, Daraunda, District Siwan 12. Block Development Officer, Hussainganj, District Siwan …. (Respondents)- Appellants Versus 1 Rabindra Nath Tiwari, s/o late Daroga Tiwari, resident of Village Bellwasa, P.O. Baliya Via & P.S. Hussainganj, District Siwan. 2. Hridayanand Pandey, S/o late Ram Pravesh Pandey, resident of Village and P.O. Patedha, P.S. Maharajganj, District Siwan. 3 Suman Prasad Gupta, s/o late Brahma Sah, resident of Mohalla Ayodhyapuri, P.S. Siwan, District Siwan. 4 Paras Nath Prasad, s/o late Raj Narayan Prasad, resident of Village Mahodinpur P.S. and District Siwan. 5. Mritunjay Singh, s/o Raghaw Rai resident of Vill + P.O. Jasaulikharg via Petrukhi, District Siwan. 6. Sudarshan Ram, s/o late Hargen Ram, resident of Village Juafar P.O. Chakia, P.S. Bhagwanpurhat, District-Siwan. 7. Lalbabu Prasad S/o Thakur Prasad, R/v & P.O.- Tarwa, District-Siwan. 8. Manoj Narayan Sharan, s/o Madhusudan Sharan Prasad resident of Village Mohobinpur P.O.& District Siwan. 9. Bharat Rout, s/o Late Ram Ratan Raut, R/v Karhi Kala P.O. & P.S. Basantpur, District Siwan - 3 - 10. Bharat Mishra, s/o Raghunak Mishra, resident of village Kanhauli, P.S. Husilpur Nand Via Basantpur, District-Siwan (petitioners_... Respondents. ----- For the appellants : Mr. Rajesh Kumar, Government Pleader VIII Mr. Ashutosh Singh, junior counsel to Government Pleader VIII For the respondents : Mr. Amarendra Narayan, Advocate (Original writ petitioners) -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, 15th December, 2008 These two Letters Patent Appeals arise from the order dated 03rd April, 2006 passed by the Single Judge and, therefore, both these appeals were taken up together for hearing and are being disposed of by the common order. 2. Letters Patent Appeal No.482/2006 is at the instance of the original petitioners, whereas Letters Patent Appeal No.529/2006 is at the instance of the state government and its functionaries. 3. We do not deem it necessary to go into the diverse aspects as after arguing for some time, the counsel for the original writ petitioners submitted that writ petitioners accept the scheme dated 20th May, 2006 framed by the state government for absorption of the employees who were recruited under Bihar Unemployment - 4 - Token Allowances Scheme, 1981-82. Having accepted the scheme dated 20th May, 2006 during the course of arguments before us, the contention of the original writ petitioners that they were employed in a regular establishment of district Collectorate plaes into insignificance. Since the state government has framed the scheme for absorption of employees who were employed under Bihar Unemployment Token Allowances Scheme, 1981-82, obviously they have also to abide by that scheme. The government counsel submitted that original writ petitioners have been absorbed as per the said scheme and that the writ petitioners have not been discriminated. 4. The counsel for the original writ petitioners then urged that as per the scheme, the absorption of the original writ petitioners ought to have been in the same district where they were working. In this connection, he invited our attention to clause (3) of the Scheme dated 20th May, 2006. 5. What is provided in clause (3) of the Scheme dated 20th May, 2006 is that, as far as possible, the employees employed under Bihar Unemployment Token Allowances Scheme, 1981-82 shall be retained in the same district where they were working and in case there is no such vacancy in that district or administrative exigency demands, such employees will be absorbed in nearby districts. 6. The writ petitioners are said to have been appointed under Bihar Unemployment Token Allowances Scheme, 1981-82 in the district of Siwan. By virtue of absorption scheme dated 20th May, - 5 - 2006, some of these writ petitioners have been absorbed in Buxar District while few of them have been absorbed in Ara District. Even if we assume that Buxar and Ara Districts are not adjacent to Siwan District, surely, the Districts of Buxar and Ara are not distant district from Siwan District. 7. Seen thus, we find that the interest of the original writ petitioners have been fully taken care of by posting them under the absorption scheme dated 20th May, 2006 at Ara and Buxar Districts. 8. Needless to say that paragraph 6 of absorption scheme dated 20th May, 2006 makes it clear that if the concerned employees have not worked from 01st March, 2005 until their absorption under the absorption scheme dated 20th May, 2006, they would not be entitled to payment of any salary or wages for that period. It is, accordingly, clarified that for the period from 01st March, 2005 until the original writ petitioners’s absorption under the absorption scheme dated 20th May, 2006, they are not entitled to any wages. To that extent, the order passed by the Single Judge stands modified. 9. Both these Letters Patent Appeal stand disposed of accordingly with no order as to costs. R. M. Lodha, CJ. Kishore K. Mandal, J. Sunil