IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3785 of 2006 RADHA MOHAN SHARMA, S/O- LATE GOPI CHAND SINGH, RESIDENT OF VILLAGE- DAHIBHATTA, P.O. & P.S.- USMAN CHAK VIA MASAURI, DISTRICT- PATNA:---PETITIONER. Versus 1.THE BIHAR STATE RAJYA TRANSPORT CORPORATION THROUGH ITS ADMINISTRATOR, SULTAN PALACE, BIRCHAND PATEL PATH, PATNA. 2. MANAGING DIRECTOR, BIHAR STATE RAJYA TRANSPORT CORPORATION, SULTAN PALACE, BIRCHAND PATEL PATH, PATNA-1. 3. ADMINISTRATOR, BIHAR STATE RAJYA TRANSPORT CORPORATION, PATNA :-- RESPONDENTS. ----------- 4. 28.02.2011. Heard learned counsel for the petitioner and the counsel for the Bihar State Road Transport Corporation (hereinafter referred to as the “Corporation”) who prays for time to file counter affidavit but such prayer is being refused on the ground that the facts involved in this case are quite apparent from the earlier orders of the High Court dated 06.08.2002 passed in C.W.J.C.No. 14202 of 2001 (Annexure-2) filed by the Corporation itself. Aforesaid order dated 06.08.2002 has also been affirmed by the Division Bench under orders dated 01.10.2002 passed in L.P.A.No. 1060 of 2002, Annexure-3. 2. Petitioner-workman had approached the Industrial Tribunal, Patna in Reference Case No. 05/1996 which was allowed in terms of the Award dated 03.04.2001. Against the Award Corporation filed C.W.J.C.No. 14202 of 2001. The - 2 - workman also assailed the Award and filed C.W.J.C.No. 2329 of 2002. Both the aforesaid writ petitions were heard together and disposed of under orders dated 06.08.2002 directing as follows:- “that payments of arrear salary, terminal benefits and all other lawful dues shall be made to the concerned workman, as and when the payments would fall due in terms of the directions of the Supreme court, treating him as having been promoted to the post of A.T.I. with effect from the date on which the last person was promoted to that post on the basis of the employment notice, dated 29.4.88.” 3. It appears, ignoring the aforesaid direction of the High Court the impugned order dated 27.10.2005, Annexure-1 has been passed appointing/regularizing the petitioner on the post of Assistant Traffic Inspector with effect from 31.07.2002 which is the date of retirement of the petitioner. It is submitted on behalf of the petitioner that appointment/regularization should have been made with effect from the date the last employee from amongst the panel of 166 employees prepared in the light of Employment - 3 - Notice dated 29.04.1988 was so appointed. According to the petitioner such date of appointment is much before the date of superannuation of the petitioner. 4. Having heard counsel for the parties, I set aside Office Order No. 563 dated 27.10.2005, Annexure-1 passed by the Administrator of the Corporation directing the Administrator to appoint/regularize the petitioner on the post of Assistant Traffic Inspector in compliance of the Award dated 03.04.2001 with effect from the date the last employee amongst the panel of 166 employees was so appointed/regularized and pay him the arrears of difference of salary of the post of Conductor/Assistant Traffic Inspector, as early as possible, in any case within a period of three months from the date of receipt of a copy of this order. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)