IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12168 of 2006 KAMESHWAR PRASAD SINGH SON OF LATE Loki Singh, resident of Mohallah-Begma ki Haweli, Kali Sthan, P.O. Jhauganj, P.S. Khajekalan, Patnacity, at present posted as Incharge Tax Collector, New Capital Circle, Patna Municipal Corporation Versus 1. PATNA MUNICIPAL CORPORATION, Patna through its Commissioner –cum – Chief Executive Officer. 2. The Mayor, Patna Municipal Corporation, Patna. 3. The Commissioner –cum – Chief Executive Officer, Patna Municipal Corporation, Patna. 4. The Tax Fixation Officer, Patna Municipal Corporation, Patna. ----------- 2 5.8.09 This writ was filed in 2006 and has been twice adjourned for filing counter affidavit by the Patna Municipal Corporation. Regrettably, no counter affidavit has been filed as yet. Learned counsel for the petitioner prayed that the writ petition may itself be disposed of as the issues therein are squarely covered by several orders of this Court in relation to Patna Municipal Corporation itself. It is for this purpose the case is listed under the heading” For Orders”. Learned counsel for the Corporation is present and has no objection if the writ petition is disposed of on the same term as earlier in the writ petition. The petitioner, who was appointed by the Patna Municipal Corporation on daily wages as Guard in the year 1975. He was made permanent Guard on 29.10.1977. On 25.10.1979 he was given additional charge as Tax Collector in relation to Circle no. 86 to Circle no. 93 of the Corporation. In 1981 he was asked to deposit security for doing the work of tax collection, which was duly done. 2 Since 1981 petitioner has been working whole time on the post of Tax Collector, which post is vacant sanctioned post and petitioner has full qualification for the said post. The writ petition is for regularization of the petitioner on the post of Tax Collector on which he has been working for last 30 years and has been paid accordingly. Same issue has come up before this Court in relation to Tax Collector and after detailed discussion in the case of Surya Kant Jha –v- The Administrator, Patna Municipal Corporation & ors. being C.W.J.C.No. 10584 of 2000, which was disposed of on 13.5.2002 by Aftab Alam, J (as his Lordship was then) and in the case of Parmanand Singh –v- The Patna Municipal Corporation & ors. being L.P.A. No.353 of 2009, disposed of on 74.2009, it was directed that the Corporation should consider the cases of all such working Tax Collector and take a final decision in the matter. This order was passed in 2002 and thereafter several other writ petitions were similarly disposed of but the Corporation is yet to take a decision in the matter and the result is that people are being made to work on higher post involving different and higher responsibilities without they being paid for the same, the position continued. I have no option but to direct the respondents to finally decide such matters and fix remuneration and pay them, if permissible in law within a period of three months from today taking note of other similarly situated employees and the treatment given to them by the Corporation. The writ petition is accordingly disposed of. SINGH (Navaniti Prasad Singh, J.)