IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9018 of 2010 1. BIRENDRA KUMAR SINHA, S/O LATE BACHANLAL, R/O VILLAGE KABAR, P.S. BHABHUA, DISTRICT-KAIMUR. 2. JAI KUMAR SINGH, S/O LATE JAG NARAIN SINGH, R/O VILLAGE MAZANA, P.S. ARRAH, DISTRICT- BHOJPUR. 3. OM PRAKASH TIWARI, S/O SRI RAMA SHANKAR TIWARI, R/O VILLAGE JABURNI, P.S. DUNGAWATI DISTRICT- KAIMUR. 4. JAGDISH SINGH, S/O LATE RAM NATH SINGH, R/O VILLAGE BATEZ, P.S.- MOHANIA,DISTRICT- KAIMUR. 5. SACHIDA NAND SHARMA, S/O LATE NANKU SHARMA, R/O VILLAGE NAWADIA, P.S. DAUD NAGAR, DISTRICT AURANGABAD. 6. LALAN SHARMA, S/O LATE RAM PRASAD SHARMA, R/O VILLAGE RATAN PUR, P.S. DAUD NAGAR, DISTICT- AURANGABAD. 7. UPENDRA NATH RAY, S/O LATE RAM BINOD RAJ, R/O VILLAGE RAMREKHA GHAT, P.S. BAXUR DISTRICT BAXUR. 8. PARSURAM SHARMA, S/O LATE RAM JANAM SHARMA, R/O VILLAGE SILAWJA, P.S. KURTHA DISTRICT- JEHANABAD. 9. BINAY KUMAR CHAUDHARY, S/O SRI DURP NARAIN CHOUDHARY, R/O VILLAGE PANCHUR, P.S.- LAHERIA SARAI, DISTRICT-DARBHANGA. 10. FATEHULLA KHAN, S/O MD. ABDUL NAQUE, R/O VILLAGE - GHOSIA KALA, P.S. BIKRAMGANJ, DISTRICT ROHTAS. 11. AMAR NATH PRASAD, S/O LATE BAIDH NATH GOD, R/O VILLAGE JENORA, P.S. CHAINPUR, DISTRICT- KAIMUR. 12. BIRENDRA KUMAR SINGH, S/O SRI SHEO MURAT SINGH, R/O VILLAGE JAGHU THUA, P.S. CHAND DISTRICT- KAIMUR. 13. RAJENDRA PRASAD SINGH, S/O LATE DILCHAND PRASAD, R/O VILLAGE RAKSAPAT, P.S. GIRIYAK DISTRICT- NALANDA. 14. UMESH PRASAD, S/O LATE GURU SAHAY MAHTO, R/O VILLAGE PANCHI, P.S. SERGEPUR SARAI, DISTRICT- SHEIKHPURA. 15. JAI PRAKASH NARAYAN SINGH, S/O LATE RAM PRASAD GORAI, R/O VILLAGE KACHI CHAK, P.S. ISLAMPUR, DISTRICT- NALANDA. 16. HARIHAR RAM, S/O SRI HAZARI RAM, R/O VILLAGE RUKSU P.S. DARIGAW, DISTRICT- ROHTAS. 17. SACHIDA NAND MISHRA, S/O LATE SRIKANT MISHRA, R/O VILLAGE SALABPUR, P.S. JEHANABAD, DISTRICT- JEHANABAD. 18. SRI NIWAS SINGH, S/O SRI INDERDEO SINGH, R/O VILLAGE DARUPUR, P.S. BIKRAMGANJ, DISTRICT-ROHTAS. 19. PARAMHANS SINGH, S/O LATE JANKI SINGH, R/O VILLAGE PASAURI P.S. UDAWANT NAGAR, DISTRICT- BHOJPUR. 2 20. GOURI KANT PATHAK, S/O LATE SHEOPUJAN PATHAK, R/O VILLAGE MARRA, P.S. SONHAR, DISTRICT- KAIMUR. 21. BANARSI RAM, S/O LATE SUGRIO PRASAD, R/O VILLAGE JAMUAW, P.S. BHABHUA, DISTRICT- KAIMUR. 22. PARSU RAM TIWARI, S/O LATE KALASH TIWARY, R/O VILLAGE PARISWAN, P.S.- SONPUR, DISTRICT- BHOJPUR……………………………………………………………………..PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, MINOR IRRIGATION DEPARTMENT, BIHAR, PATNA. 2. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, PATNA. 3. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, BHABHUA. 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NALANDA, BIHARSHARIF. 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, NAWADA…………………………………………………..RESPONDENTS ----------- For the Petitioners: Mr. Mithilesh Kumar Singh, Advocate For the State: Mr. Sunil Kumar Mandal, S.C.24 with Dr. Abdus Shakoor, A.C. to S.C. 24 2 30.03.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners have filed this writ application for a direction to the respondents to consider their cases for regularization in service in the background of the facts that petitioners were appointed under work charged establishment as far back as in 1982-83. Learned counsel for the petitioners has referred to certain judgments and orders of this Court, as contained in 3 Annexure-3 series. However, this Court finds that those orders are of date prior to the judgment of Constitution Bench of the Apex Court rendered in the case of Secretary, State of Karnataka Vs. Uma Devi (3) reported in 2006 (2) PLJR 363 (SC). In view of the law settled by the Constitution Bench of the Apex Court, any claim of regularization of an employee has to be considered by the respondents in the light of the observations made by the Constitution Bench in paragraph 44 of the judgments and parameters laid down therein. This is also clear that no judgment of any court or any Government circular running counter to the law laid by the Constitution Bench can be relied upon and taken into account for grant or refusal of regularization. In the circumstances, the writ application is disposed of with a direction to the respondents to consider the case of the petitioners for their regularization in terms of the law laid down by the Constitution Bench of the Apex 4 Court and pass appropriate orders in accordance with law after giving them opportunity of hearing preferably within a period of three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)