IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7130 of 2010 1. BHUWNESHWAR PRASAD SAH s/o late Sukhanandan Sah resident of village Kaila Chak, P.O. Kalyanpur, P.s. Biddupur, Dist-Vaishal. 2. Pramod Kumar Jaiswal S/o Late baidyanath Prasad jaiswal resident of village+P.O. P.s. Desri Dist- Vaishali. 3. Mr. Ali Imam S/o late Liyakat Hussain resident of village-Isapur Bag. P.O. +P.S. Phulwarisarif Dist- Patna. 4. Vijay Kr. Gupta S/o Sri Mahendra Pd. Gupta resident of village kaila, p.O Kalayanpur. P.S. Bidupur, Dist-Vaishali. 5. Kisalay kumar S/O Sri Anand kand jee. resident of village-Bhjarawan Gopalpur, P.O. +P.s. Vidhapati Nagar. Dist-Samastipur. Versus 1. THE STATE OF BIHAR through the Commissioner –cum- Secretary to govt. Public Health Engineering Department Bisheshwariaya Bhawan, Baily, Road, Patna. 2. The engineer-in-Chief cum-Special Secretary, Public Health Engineering Department, Bisheshwariaya Bhawan, Bailey Road, Patna. 3. The Chief Engineeer, (Mechanial) Public Health Engineering Departyment, Bisheshwariya Bhawan, Baily Road, Patna. 4. The Supt. Engineer, Public Health Mechanical Circle, Muzaffarpur. ----------- 2 17.1.2011 As per the contention of the petitioner, they have been absorbed in regular establishment vide Anneuxre-6 dated 30.11.2006 issued under the signature of the Executive Engineer, Public Health Dept., Engineering Mechanical Division, Darbhanga. The grievance of the petitioners is that their previous service rendered 2 under the work charge establishment has not been counted for benefits of continuity of service, pay scale etc. In support of their cases petitioners rely upon the Resolution of the Finance Department dated 27.3.1987 a copy whereof is Annexure-4. Learned counsel for the petitioners also relies upon an order of this Court dated 24.11.2009 passed in C.W.J.C No. 14952 of 2009, said to have been passed in similar such circumstances. In the circumstances, since no counter affidavit has been filed in the case, though writ application was filed on 22.4.2010, petitioners are directed to file a fresh representation before the Chief Engineer (Mechanical) Public Health Engineering Department enclosing a copy of the said Resolution of the Finance Department as well as a copy of the said order of this Court, preferably within one month from today. If such a representation is filed, The Chief Engineer shall examine 3 the same, Consider the Resolution of the Finance Department and the order of this Court as enclosed and shall pass appropriate orders in accordance with law preferably within a period of two months thereafter. Prakash (J.N.Singh, J.)