IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.11 of 2007 SIDESHWAR PRASAD Versus STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Lalan Kumar Singh, Advocate ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 16th September, 2008. The writ petition filed by the petitioner and group of other writ petitions came to be disposed of this court on 13th July, 2006 by the following order: “Hence, the State of Bihar is directed to immediately take steps to constitute a committee of three high officials concerned, presided by the Commissioner-cum-Secretary, Public Health Engineering Department, Govt. of Bihar and also including the Engineer in Chief-cum-Special Secretary, Public Health Engineering Department to consider the cases of all the petitioners after giving them opportunity to place their respective claims and to decide the matters in issue afresh in accordance with the directions given in aforesaid judgment of the Hon’ble Apex Court in the case of Secretary, State of Karnatka( supra) and the law settled therein with respect to the various schemes of the state Government concerning such appointments and regularization. The State Government is further directed to take steps for appointment of such Committee preferably within a period of one month from the date of this order so that the said Committee may be able to decide the entire matters by 30th September, 2006 as it has been stated on behalf of the State Government on 10.5.2006 that the case of the petitioners who are fulfilling the eligibility criteria as per the policy will also be considered and finalized on or before 30th September, 2006. The petitioners will be at liberty to move the said Committee after - 2 - it is appointed by the State Government raising their grievances in accordance with law settled by the Hon’ble Apex Court.” 2. By means of this contempt application, the petitioner has raised the grievance that the petitioner has not been absorbed in Class III post to which he was entitled as he had been discharging the duty of Class III post for last more than twentyseven years. 3. The opposite party no. 6 has shown cause. According to them, the petitioner’s service could only be recognized in Class IV post and that order has already been passed and thus, there is no non- compliance of the order dated 13th July, 2008. The cause shown by the Opposite party no. 6 is reflected from paragraphs 6 to 11 of the written response which read thus: “6. That it is submitted that in the light of the aforesaid directions of this Hon’ble Court, the Three Member Committee presided by the Secretary, P.H.E.D, Government of Bihar has been constituted vide office order no. 262 dated 10.08.2006. Photo copy of office order No.262 dated 10.8.2006 is being enclosed herewith and marked as Annexure-A to this show cause. 7. That it will be relevant to mention herein that the Personnel and Administrative Reforms department, Government of Bihar in continuation to the resolution no.489 dated 10.05.2005 has taken a policy decision regarding appointment of daily wagers against sanction/vacant posts through resolution no.639 dated 16.03.2006 and as such the committee presided by the Secretary, P.H.E.D, Government of Bihar has been constituted through order bearing no. 142 dated 25.07.2006. Photo copy of the resolution No.639 dated 16.3.2006 and order no.142 dated 25.7.2006 are annexed herewith and marked as Annexure-B series to this show cause. 8. That it is submitted that the Finance Department of the - 3 - Government of Bihar has from 01.04.2001 onwards withdrawn the budget provision to the tune of Rs. 6.79 crore of the Public Health Engineering Department in the annual budget in order to enforce the relevant government instructions regarding the appointment of persons in the work charged establishment and on daily wages. As a consequence after a detailed exercise the Department had identified between December 2001 and April 2002 nearly 2799 persons as having been appointed in the work charged establishment and on daily wages after the then dates laid down by the Finance Department and the Department of Personnel dated 23.10.79 were to be considered for absorbing in the permanent establishment the petitioners were appointed on daily wages basis on 31.12.1981 and appointed on work charged establishment on 31.12.1991 and thus their appointment in work charged establishment was illegal. 9. That it is further submitted that the department made repeated and sincere efforts for last few years and as result during August 2006, 2277 technical posts of the class IV have been sanctioned to this department and as per the policy/directions contained in resolution no.639 dated 16.03.2006 issued by the Department of Personnel and Administrative Reforms, Government of Bihar, this department has initiated necessary actions to regularize services of those persons on sanctioned/vacant posts in their respective P.H. Divisions who have been reverted but they are engaged or have been engaged continuously for five years (240 days each year) prior to 11.12.1990. 10. That it is submitted that those who have been engaged as daily wagers and also the work charge employees of class III and IV, who have been reverted to the status of daily wagers or have been disengaged but were engaged prior to the cut-of-date have been considered for the purpose of benefit of the said decision for regularization on sanction/vacant posts of respective Public Health Divisions in consonance with the Government’s reservation policy and appointment procedure contained in resolution no.639 dated 16.03.2006 of the Department of Personnel and Administrative Reforms, Government of Bihar and the aforesaid directions of this Hon’ble Court. 11. That it is submitted that the petitioner has been found eligible as per the Government scheme and as such the petitioner has been selected for regularization by the Committee vide memo no. 1124 dated 28.11.2006 and the decision has accordingly been communicated to the concerning field officer viz. Executive Engineer, Public Health - 4 - Division, Nawada. Photo copy of the order no. 1124 dated 28.11.2006 is annexed herewith and marked as Annexure : D to this show cause.” 4. Having considered the show cause filed by respondent no. 6, we are satisfied that the respondents cannot be held responsible for deliberate disobedience of the order dated 13th July, 2006. 5. No case for action against the respondents in the contempt jurisdiction is made out. 6. M.J.C. is disposed of, accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/