IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10437 of 2006 1 Siyaram Singh, son of late Leku Singh, resident of village – Tenora, P O – Parwatpur, P S – Chainpur, District – Bhabhua (Kaimur) 2 Bindeshwari Prasad Singh, son of Sri Radheshyam Singh, resident of village – Hariharpur, P O – Chaugai, P S – Gurari, District – Rohtas 3 Baleshwar Thakur, son of late Mewa Thakur, resident of Mohall – Tiwari Tola, Bhabhua, P O + P S – Bhbhua, District – Bhabhua (Kaimur) 4 Sri Raj Nath Singh, son of Sri Ram Bisun Singh, resident of village – Chintamanpur, P S – Sasaram, District – Rohtas 5 Brindawan Pandey, son of late Vishwanath Pandey, resident of village – Siya Pekhar, P O – Bambhar Khas, P S – Mohiniya, District – Bhabhua (Kaimur) 6 Upendra Ram, son of late Prasad Saw, resident of village + P O – Paraiya, P S – Paraiya, District – Gaya 7 Rajbansh Singh, son of late Jagat Singh, resident of village + P O – Kala Pahar, P S – Navinagar, District – Aurangabad 8 Raj Kumar, son of Sri Shivbachan Ram, resident of village + P O – Sakala Bazar, P S – Karakat (Gurari), District – Rohtas 9 Devendra Singh, son of Sri Ramjee Singh, resident of village – Saraiya, P S – Goh, District – Aurangabad 10 Kalamuddin Ansari, son of Md Sattar Ansari, resident of village – Bhusela, P O + P S – Darihat, District – Rohtas 11 Suryadev Prasad, son of Sri Galu Prasad, resident of village + P O – Bahadurpur, P S – Tariyasutan, District – Kusinagar (UP) 12 Raghunath Ram, son of late Sukhadeve Kapat, resident of village – Bhore Shahpur, P O – Bhore Tayram, P S – Khanpur, District - Samastipur - Petitioners Versus 1 The State of Bihar through the Commissionr –cum- Secretary to Government Public Health Engineering Department, Bisheshwaraiya Bhawan, Bailey Road, Patna 2 The Engineer-in-Chief –cum- Special Secretary, Public Health Engineering Department, Bisheshwaraiya Bhawan, Bailey Road, Patna 3 The Chief Engineer (Civil) Public Health Engineering Department, Bisheshwariaya Bhawan, Bailey Road, Patna 4 The Chief Engieer (Mechanical) PHED, Bihar, Patna 5 The Superintending Engineer, PHE Circle, Ara 6 The Executive Engineer, PHE Circle, Panta Rajbansi Nagar, Patna 7 The Executive Engineer, PHE Division, Bhabhua 8 The Executive Engineer, PHE Division, Sasaram 9 The Executive Engineer, PHE Division, Patna East - Respondents 2 *** For the petitioners - Mr Lalan Kumar Singh, Advocate For the respondents - Mr S C XIII *** 4 19.01.2011 This writ petition was filed by 12 petitioners for quashing the order of termination as passed on 13.04.2002 (Anexure-7 series). Basically, the termination was on ground of irregularity in their appointment. While the writ petition was pending, similar cases came to this Court and ultimately in the case of Ram Tapeshwar Sah and Others –Versus- State of Bihar and Others being CWJC No 7359 of 2002 and analogous cases disposed of on 13.07.2006 by Division Bench, it was held that State should get the matter examined. If it is found that the persons were illegally appointed, they would not be entitled to any relief but if they were irregularly appointed, their terminations were bad and those terminated would be liable to be reinstated. A counter affidavit has now been filed in which it is specifically stated that so far as petitioners No 2, 3, 4, 6, 7 and 10 are concerned, upon examination of the facts related to their appointment, they were found to be irregularly appointed and, thus, orders for their regularisation have been passed. Thus, so far these six petitioners are concerned, they are left with no grievance. So far as remaining six petitioners are concerned, in the counter affidavit, it is stated that by Order No 83 dated 04.04.2008, the Public Health and Engineering Department, while regularising the services of the six petitioners, rejected the claim of the other six. The said order is Annexure-E to the counter affidavit. On perusal of the said annexure, it is apparent that the only reason to distinguish between the two sets of 3 petitioners is apparently that the petitioners, who have been left out, had not completed 240 days of regular service prior to 11.12.1990. Learned counsel for the petitioners draws attention of this Court to Annexures-2 and 3 to the writ petition which are of the years, 1990 and 1991. In those communications, a list of all employees who had been working regularly for more than 240 days is given. The six petitioners, ought not to have been accepted to be regularised, figure in both the lists. Petitioners have categorically stated that they had been working for more than 240 days prior to 11.12.1990, the cut off date. This fact has not been controverted in the counter affidavit. Even in the order Annexure-E, apart from laying down baldly the policy and the persons qualified under the policy, nothing is said giving reasons for holding that these six petitioners did not satisfy that criteria especially when in the writ petition itself, which was filed more than two years prior to the decision of this Department, facts were pleaded and documents in support were annexed. In that view of the matter, in my view, the finding as against the remaining six petitioners in Annexure-E aforesaid cannot be supported. It must, accordingly, be held that remaining six petitioners were also similarly placed as the other six petitioners. I must notice the contention of learned counsel for the petitioners that the six left out petitioners are all senior to the six petitioners who have been ordered to be regularised. Be that as it may, as per the records, remaining six petitioners having in service for more than 240 days prior to the cut off date 11.12.1990, their cases are not dissimilar from the six who have been 4 ordered to be retained. Accordingly, the termination orders, as contained in Annexure-7 series are set aside in respect of all the petitioners and like the six petitioners mentioned above, the remaining six are also ordered to be retained in service duly absorbed. The writ petition, thus, stands disposed of. It shall be the duty of the Chief Engineer (Mechanical), Public Health and Engineering Department, Bihar, Patna to see the proper and prompt implementation of orders of this Court. M.E.H./ (Navaniti Prasad Singh)