IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9997 of 1996 1.BINOD KUMAR MISHRA, S/O LATE KALANAND MISHRA, R/O VILLAGE KAKRAUL (RAJA TOLA), P.S. RAHIKA, DISTRICT MADHUBANI AT PRESENT POSTED AS CHAUKIDAR CUM PAMP OPERATOR AT LIFT IRRIGATION SCHEME BARIARWA, MINOR IRRIGATION SUB DIVISION, RAM NAGAR, BETTIAH. 2.CHANDRIKA RAI YADAV, S/O RAJA RAI YADAV, R/O VILLAGE BASANTPUR, POLICE STATION SATHI DISTRICT WEST CHAMPRARAN AT PRESENT POSTEDA AS CHOUKIDAR CUM PUMP OPERATOR OF LIFT IRRIGATION SCHEME, BASANTPUR, MINOR IRRIGATION SUB DIVISION, RAM NAGAR, BETTIAH. 3.HIRA LAL PRASAD GUPTA, S/O LATE LALOO PRASAD GUPTA, R/O VILLAGE LOUKARIYA POLICE STATION BETTIAH DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHAUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGTION SCHEME, GARAHIYAN MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 4.DINESH KUMAR SON OF AWADHESH KUMAR R/O VILLAGE KARIHAUN POLICE STATION DUMARI, DISTRICT VAISHALI AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGTION SCHEME, GOBDAURA, MINOR IRRIGATION SUB DIVISION, RAM NAGAR, BETTIAH. 5.MD. OBEDULLAH S/O MD. SHANI, R/O VILLAGE JOGIYA POLICE STATION RAM NAGAR, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGATION SCHEME SAHUATAR MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 6.KAILASH CHOUDHARY, S/O TILAK CHOUDHARY, R/O VILLAGE LAKAR (NUNIYA TOLA) POLICE STATION LAURIYA DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGATION SCHEME LAKAR MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 7.IMTEYAZ AHMAD S/O MIR AHMADI, R/O VILLAE AND P.O. CHHAWANI, POLICE STATION BETTIAH DISTRICT WEST CHAMPARAN AT PRESENT IN THE OFFICE OF THE SUB DIVISION, RAM NAGAR. 8.SUGRIV SINGH, S/O BIRJHAN SINGH, R/O VILLAGE MOHANPURA, POLICE STATION HATHUAN DISTRICT GOPALGANJ AT PRESENT POSTED CHAUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME, MOTIPUR BASANTPUR, MINOR IRRIGATION SUB DIVISION RAM NAGAR BETTIAH. 9.MURARI SHARAN PRASAD S/O LATE DHURBDEO PRASAD, R/O VILLAGE DHANKUTWA POLICE STATION BELTHAR DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT 2 IRRIGATION SCHEME, SINGHPUR SAMHAUTA NO. II, MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 10. LAL BABU PRASAD, S/O LATE NAGENDRA PRASAD, R/O VILLAGE PIPRA P.O. VAKULAHAR MATH POLICE STATION CHAMPATIYA DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGTION SCHEME, SINGHPUR SAMHAUTA NO. I, MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 11.SIPATHI MAHATO, S/O SARYUG MAHTO, R/O VILLAGE GANESHPUR POLICE STATION, GOPALPUR DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME GUD-GUDI, MINOR IRRIGATION, SUB DIVISION RAM NAGAR, BETTIAH. 12.AKHILESHWAR SHARMA S/O VIDYAPATI SHARMA, R/O VILLAGE KATWA POLICE STATION PAHARPUR DISTRICT EAST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME, MINOR IRRIGATION SUB DIVISION, BETTIAH. 13.MEWA LAL SAH, S/O LATE CHOUDHUR SAH, R/O VILLAGE TEDHWA POLICE STATION BETTIAH DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME, TUMKOHIYA MINOR IRRIGATION SUB DIVISION BETTIAH. 14. JHULAN SAH, S/O JANGI SAH, R/O VILLAGE LAUKARIYA POLICE STATION BETTIAH, DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHAUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME SARAIYA MINOR IRRIGATION SUB DIVISION, BETTIAH. 15.UPENDR KUMAR SINGH, S/O RAM KRISHAN KUMAR, R/O VILLAGE YADAVPUR, POLICE STATION BETTIAH DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME, GAHRI II, MINOR IRRIGATION SUB DIVISION, BETTIAH. 16.GAURI SHANKAR SINGH, S/O RAM CHANDRA SINGH, R/O VILLAGE KATKUIYA TOLA NINAK SINGH, P.O CHIRA IYA DISTRICT EAST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGATION SCHEME MOTIHARI, MINOR IRRIGATION SUB DIVISION, BETTIAH. 17.BINDESHWAR SINGH, S/O CHANDRADEO SINGH, R/O VILLAGE BGARI POLICE STATION AND DISTRICT MUZAFFARPUR AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, LIFT IRRIGATION SCHEME TULA RAM GHAT, MINOR IRRIGATION SUB DIVISION, BETTIAH. 18.SHAMBHU SHARMA, S/O PRABHU SHARMA, R/O VILLAGE CHHATAUNI POLICE STATION CHHATAUNI DISTRICT EAST CHAMPARAN, AT PRESENT POSTED AS 3 CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGATION SCHEME AMAKAMAN MINOR IRRIGATION SUB DIVISION, BETTIAH. 19. NAGDAN RAUT S/O LALJEE RAUT R/O VILLAGE NARKATIYA POLICE STATION GOPALPUR DISTRICT WEST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME, GOPALPUR MINOR IRRIGATION SUB DIVISION, BETTIAH. 20.BRIJ NANDAN PRASAD, S/O RAGHUBANDAN PRASAD, R/O VILLAGE THAKARA POLICE STATION GOPALPUR DISTRICT BETTIAH AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR AT LIFT IRRIGATION SCHEME PARAINA CHAUBE MINOR IRRIGATION SUB DIVISION, MINOR IRRIGATION SUB DIVISION, BETTIAH. 21.NATHUNI MIAN S/O RAHMAN MIAN, R/O VILLAGE PIPRA POLICE STATION CHANPATIA, DISTRICT WEST CHAMPARAN, AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR OFLIFT IRRIGATION SCHEME, MANGURAHA MINOR IRRIGATION SUB DIVISION BETTIAH. 22.RAMESHWAR PANDEY S/O KAMALDEO PANDEY, R/O VILLAGE BHAUREGANJ, POLICE STATION RAM NAGAR, DISTRICT WEST CHAMPARAN AT PRESENT LIFT IRRIGATION SCHEME KARHA, MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 23.CHANDRA BHUSHAN SINGH S/O RAM SAGAR SINGH, R/O VILLAGE BARA SHANKAR, POLICE STATION PATAHI, DISTRICT EAST CHAMPARAN AT PRESENT POSTED AS CHOUKIDAR CUM PUMP OPERATOR, AT LIFT IRRIGATION SCHEME, BASANTPUR, MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 24.PRAHLAD MISHRA, S/O LATE RAM EKBAL MISHRA, R/O VILLAGE SIRSA VIRAN, POLICE STATION BHAGWANPUR, DISTRICT VAISHALI AT PRESENT POSTED AS PUMP OPERATOR, LIFT IRRIGATION SCHEME, MATIYATIYA COLONY, MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 25.NAVLESH KUMAR THAKUR, S/O DUKH BHANJAN THAKUR, R/O VILLAGE BHAWANIPUR POLICE STATION MOTIPUR DISTRICT EAST CHAMPARAN AT PRESENT POSTED AS PUMP OPERATOR, LIFT IRRIGATION SCHEME, CHAKHANI MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH. 26.SHUKHDEO PRASAD, S/O JAGGRNATH PRASAD, R/O VILLAGE DHEKAHA (LOKHMAN TOLA) POLICE STATION DHEKAHA BAZAR DISTRICT EAST CHAMPARAN AT PRESENT POSTED AS AMIN LIFT IRRIGATION SCHEME OFFICE OF THE MINOR IRRIGATION RAM NAGAR SUB DIVISION, BETTIAH. ..............PETITIONERS. Versus 4 1.STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, IRRIGATION DEPARTMENT, NEW SECRETARIAT, PATNA. 3.THE CHIEF ENGINEER (NORTH) MINOR IRRIGATION DEPARTMENT MUZAFFARPUR. 4.THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE AT COMBIND BUILDING MUZAFFARPUR. 5.THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION BETTIAH, WEST CHAMPARAN. 6.THE ASSISTANT ENGINEER MINOR IRRIGATION SUB DIVISION BETTIAH, WEST CHAMPARAN. 7.THE ASSISTANT ENGINEER MINOR IRRIGATION SUB DIVISION RAM NAGAR, BETTIAH, WEST CHAMPARAN. ..............RESPONDENTS. ----------- 08/ 10.05.2011 No one appears for the petitioner. In the considered opinion of this Court, the prayer made by the petitioners in this writ application reading as follows:- 'That this is an application for issuance of an appropriate writ(s), order(s) and/or direction(s), commanding the respondents authorities to regularise/obsorb the petitioners in service against the respective sanctioned and vacant posts of class III over which the petitioners are continuously working more than 11 to 20 years as daily wager, to grant them equal pay in regular scale for equal work with effect from the date of initial engagement as is available to such regular staff of the Minor Irrigation Department who are doing the same kind of job/work as these petitioners and also to pay the arrears of salary along with 16% interest thereon in the following facts and circumstances of the case.' in effect is for regularization of their service. The law on the subject of regularization has been however settled in the 5 constitution bench judgment of the Apex Court in the case of State of Karnataka vs Uma Devi, reported in 2006(4) SCC 1. That being so, if the petitioners would file their representation seeking their regularization, the same shall be considered in the light of the judgment of the Apex Court in the case of Uma Devi(supra). With the aforementioned observations and liberty, this writ application is disposed of. Ranjan (Mihir Kumar Jha, J)