IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12187 of 2009 1. Madan Kumar Choudhary son of late Shashi Kant Choudhry, resident of Village Habibhiour, P.S. Baheri, District Darbhanga 2. Vijay Kant Singh son of Mahendra Singh resident of village Thengha Motnajay, P.S. Sakatpur, Manigachhi, District Darbhanga 3. Sharda Nand Mishra son of Radha Kant Mishra, resident of village Deoram, P.S. Bahera, District Darbhanga 4. Amrendra Nath Jha @ Amrnedra Narayan Jha son of Chandra Narayan Jha, resident of village Haripur, P.S. Bahera, District Darbhanga 5. Janki Sharan son of Ram Chandra Prasad, resident of village Bahera, P.S. Bahera, District Darbhanga 6. Laxman Mukhiya son of Sunder Mukhiya, resident of village Andauli, P.S. Alinagar, District Darbhanga 7. Laxman Jha son of Dukha Jha, resident of village Nehra, P.S. Manigachhi, District Darbhanga 8. Umesh Mandal son of Shiv Ram Mandal, resident of Habibhaur, P.S. Bahera, District Darbhanga 9. Ganesh Ram son of Batohi Ram, resident of village Dharaura, P.S. Bahera, District Darbhanga 10. Hare Krishna Jha son of Babu Narayan Jha resident of village Nawadah, P.S. Bahera, District Darbhanga 11. Ra,esjwar Gareri son of Mathura Gareri, resident of village Benipur, P.S. Bahera, District Darbhanga 12. Ashwani Kumar Jha son of Surya Kant Jha, resident of village Kabilpur, P.S. Bahadurpur, District Darbhanga 13. Sobha Kant Mishra son of Vishambher Mishra, resident of village Pataur, P.S. Pataur, District Darbhanga 14. Ashok Kumar Sinha son of Naresh Chandra Siunha resident of village Narhatiya, P.S. District 15. Ranjit Kumar son of Ram Swarup Singh resident of village Belpur, Saratha, P.S. Chandi, District Nalanda 16. Kusheshwar Paswan son of Shiv Lal Paswan, resident of village Ramnagar, P.S. Bahadurpur, District Darbhanga 17. Raj Kumar Paswan son of Shobhan Paswan, resident of village Ramnaar, P.S. Bahadurpur, District Darbhanga 18. Jay Kant Yadav son of Mani Lal Yadav, resident of village Banka, Bishanpur, P.S. Bishanpur, District Madhubani 19. Amar Kant Mishra son of Baban Mishra, resident of village Mujauna Nirpur, P.S. Samastipur Muffasil, District Samastipur 20. Inder Paswan son of late Ram Swarup Paswan resident of village Ramnagar, P.S. Bahadurpur, District Darbhanga 21. Amar nasth Jha son of Bhageshwar Jha, resident of village Maubehat, P.S. Manigachchi, District Darbhanga 22. Ramashankar Kumar son of Badri Narayan Prasad, resident of village Chatharitya, P.S. Kabirchak, District Darbhanga 23. Yogendra Paswan son of Anup Paswan resident of village Ramnagar, P.S. Bahadrupur, District Darbhanga 24. Bilat Preadhan son of Sitaram Preadhan, resident of village Hariharpur, Tole Malpatti, P.S. Kamtaul, District Darbhanga 2 25. Ganesh Mahto son of Babulal Mahto, resident of village Rampur Parori, P.S. Sitamarhi, District Sitamarhi 26. Chandra Shekhar Mandal son of Newat Mandal resident of village Gorriyari, P.S. Bishanpur, District Darbhanga 27. Ram Shobit Roy sons of Jagdeo Rai resident of village Bhadayku, P.S. Sitamarhi, District Sitamarhi 28. Jay Shankar Choudhary son of Ram Sevak Choudhary, resident of village Basha makhanpur, P.S. Ashok Paper Mills, District Darbhanga 29. Prabhakar Mishra sons of Haribansh Mishra resident of village Gita dewadha, P.S. Rosera, District Samastipur 30. Sheo Ram Prasad son of Parmeshwar Narayan Singh, resident of village Madhopur Garh, P.S. Chandi, District Nalanda 31. Chandra Nath Tiwary @ Chandrakant Tiwary son of Uma Kant Tiwary, resident of village Bhakhari, P.S. Roop Nagar, District Saharsa 32. Binay Kumar Arya son of Harilal Arya, resident of village Lakarkola, P.S. Dharhara, District Munger 33. Ashok Kumar Patel son of Rameshwar Patel resident of village Gogri, P.S. Gogri, District Khagaria 34. Sanjay Kumar Singh son of Badri Prasad Singh resident of village Panchgachhia, P.S. Panchgachhia, District Supaul Versus 1. The State Of Bihar through the Commissioner cum Secretary, Public Health Engineering Department, Bisheshwariya Bhawan, Baily Road, Patna 2. Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Bisheshwariya Bhawan, Baily Road, Patna 3. Chief Engineer, Public Health Engineering Department, Bisheshwariya Bhawan, Baily Road, Patna 4. Superintending Engineer,P.H. Circle, District Darbhanga 5. Executive Engineer,P.H. Division, Darbhanga, District Darbhanga 6. The Executive Engineer P.H. Mechanical Division, Darbhanga ----------- 02/ 14.09.2009 Petitioners and others were reverted from work charge establishment as daily rated worker in the muster roll. They challenged the reversion before this Court by filing C.W.J.C. No. 6392 of 2002. Under orders dated 23.5.2002, a Single Judge of this Court directed that the matter be put up along with C.W.J.C. No. 5254 of 2002, meantime, petitioners shall not be reverted, if not already reverted. 2. It is submitted on behalf of the petitioners that in 3 compliance of the aforesaid order dated 23.5.2002, petitioners continued in the work charge establishment, but were paid their wages as daily rated worker. Against such action of the authorities, Tara Kant Pathak and another filed C.W.J.C. No. 10040 of 2003, which was disposed of under orders dated 11.5.2005, Anneure-5 to this application directing the authorities to pay the salary in the scale admissible to them in the work charge establishment. Against the order dated 11.5.2005, Annexure-5, State respondents preferred L.P.A. No. 1140 of 2005, which was dismissed under orders dated 12.2.2009, Aannexure-6 to this application. Meanwhile, the original writ application, bearing C.W.J.C. No. 6392 of 2002 was also heard along with other matters, namely, C.W.J.C. No. 7359 of 2002 and other matters and disposed of under orders dated 13.7.2006, directing the State respondents to constitute a three man committee of the Secretaries of the Govt. to consider the case of regularization of the petitioner of C.W.J.C. No. 6392 of 2002 and other analogous matters. 3. Learned counsel for the petitioners states that in compliance of the orders of this Court dated 13.7.2007, regularization matter of the petitioners have already been considered and they have been regularized in the regular establishment. 4. This application has been filed for a direction to the State respondents to consider the case of the petitioners for 4 payment of arrears of salary in the work charge establishment for the period 23.5.2002 till the disposal of the writ case i.e. 13.7.2006 as during the said period petitioners continued in the work charge establishment by virtue of the interim order dated 23.5.2002 passed in C.W.J.C. no. 6392 of 2002 but were paid the wages of muster roll worker. Such prayer, according to the learned counsel for the petitioners, is covered by the orders of the Single Judge dated 11.5.2005, Annexure-5, which has already been affirmed by the Division Bench under orders dated 12.2.2009, Ananexure-6 to this application. 5. Let Respondent no.1 consider the case of the petitioners for payment of arrears of salary for the period between 23.5.2002 till 13.7.2006 in accordance with the directions of this Court contained in order dated 11.5.2005, Annexure-5 which has already been affirmed under orders dated 12.2.2009, Annexure-6, as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 6. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)