IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1876 of 2010 1. Sahdeo Prasad Singh S/o Singheshwar Prasad Singh R/o Vill.- Hemzapur, P.S.- Dharhara, Distt.- Munger. 2. Suresh Prasad S/o Sri Jago Mahto R/o Vill.- Fatehpur, P.S.- Sikandara, Distt.- Jamui. ….. Petitioners-Appellants. Versus 1. The State of Bihar through the Commissioner and Secretary, Human Resources Development Department Govt. of Bihar, Patna. 2. The Additional Secretary, Humen Resources Development, Department Gov. of Bihar, Patna. 3. Director, Secondary Education cum Special Secretary, Secondary, Primary and Adult Education Department, Govt. of Bihar, Patna. 4. The Deputy Director, Secondary Education, Govt. of Bihar, Secondary, Primary and Adult Education Department Govt. of Bihar, Patna. 5. The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 6. The Principal, Government Teachers Training College, Bhagalpur. 7. The Principal, Zila School, Bhagalpur. …..Respondents….Respondents. ----------- 2/. 04.08.2011 This Letters Patent Appeal has been filed against the Judgment passed on 24.08.2010 by the learned Single Judge in C.W.J.C. No. 10442 of 1997, by which the learned Single Judge dismissed the appeal. The petitioners- appellants herein filed the writ petition seeking a direction for regularization of their services and for payment of salary on the regular pay scale in view of the Government’s order dated 22nd May, 2 1993, which is contained as Annexure 9 to the writ petition. The learned single Judge dismissed the writ petition on the ground that there were discrepancies in the date of appointment of the petitioners- appellants herein as evident from Annexure 8 to the writ petition. It appears that in Government Girls and Boys School, Girls Intermediate College and Primary Teachers Training College, the appointment of contingent menials were made about 226 against 252 sanctioned posts by the State Government. Initially, it appears that the budget was sanctioned and payments were made but later on, the payments were stopped for want of budget. The information was submitted by all Principals of the schools that such Class-IV employees are working and for want of budget, they are not being paid salary. Since the issue was raised in the entire State of Bihar over which the State of Bihar took a policy decision on 22nd May, 1993 and issued the Government order on the same day sanctioning 252 posts in the pay scale of 775 - 1025. The said Government order has been annexed as Annexure 9 to the writ petition. From perusal of the Government’s order shows that the contingent menials were not being paid salary from 01.04.1988 but some of 3 them were paid salary from the contingent fund, therefore, it has been clarified in the Government’s order that those contingent menials, who have been paid some amount from the contingent fund towards their salary that shall be deducted while making the payment after 31.03.1993, as the posts were sanctioned in the financial year 1993-94 along with the budget. After 01.04.1988, on 24.08.1991 the appointment of contingent menials were stopped with immediate effect providing regularization of such appointments. This Government’s order further provides that the contingent menials shall be regularized against this post in Class-IV category sanctioning the amount for their payment of salary etc. (Annexure- 9) The petitioners - appellants herein have annexed the report of contingent menial workers who were working till August 1991 (Annexure-8), name of these petitioners appellants herein figured at serial no. 7 and 8. This chart has 12 columns, in column 7 the date of first appointment is mentioned i.e. 17.05.1991 and 17.05.2011 respectively of the appellants. In Column 11, it has been stated that before the date of these appointments on daily wages, the appellant no. 1 was 4 appointed on 06.11.1990 as contingent menial and had worked till 16.05.1991 and on 17.05.1991 he was given work as daily wagers. The appellant no. 2 was appointed as contingent menials on 21.11.1990 and worked till 16.05.1991 which is fixed to be uncontroverted one. It appears that these appellants were given appointment as daily wagers on 17.05.1991 as there was no budget to pay their salary for the post of contingent menials but fact remains that petitioners appellants herein were initially appointed as contingent menials and their appointments fall within the cut-off date provided in the Government order. Mere appointment on daily wages on 17.05.1991, in order to pay them the duty they performed, the benefit of the Government order contained in Annexure 9 cannot be denied to these petitioners- appellants herein. Thus, in our opinion, the dates are very clear and categorical with respect to appointment on the post of contingent menials as well as on daily wagers, as the learned Single Judge has already held that since the contingent menials have been declared to be a Class-IV post and if the posts remained unfilled out of 252 that should be against those posts, the class IV employees of 5 the schools may be regularized. The Judgment as contained in Annexure 10 of the writ petition, we take support of that Judgment and held that the petitioners appellants herein are entitled for payment of salary as against the 252 posts sanctioned by the Government’s order, order contained as Annexure 9 of the writ petition as the appellants were initially appointed as contingent menials and their appointments are within the cut-off date. Accordingly, we direct the State Government to regularize the services of the petitioners appellants herein on Class-IV post (contingent menials) and pay them arrears of salary for the period during which the petitioners appellants herein had worked, in accordance with the Government’s order dated 22.05.1993. The salary of the petitioners appellants herein shall be paid month to month. Accordingly, appeal is allowed. However, there shall be no order as to costs. Bhardwaj. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)