IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3052 of 2005 Raju Prasad & Ors Versus The State Of Bihar & Ors ---------------------------------- 7. 14.12.2011 Heard learned counsel for the petitioners and the Opposite Parties. In C.W.J.C. No. 991 of 2004 the order of termination from the status of daily wager was set aside and direction given to consider for regularization. In L.P.A. No. 1414 of 2005 preferred by the opposite parties, a subsequent decision of the respondents for regularization dated 17.3.2008 was noticed. The appeal was dismissed leaving the petitioners to their remedy of regularization under the decision dated 17.3.2008. Counsel for the petitioner submits that regularization is a different issue. If the order of termination as a daily wage was set aside, not interfered with by the Letters Patent Court, the petitioners were required to be reinstated as daily wagers under the order in C.W.J.C. No. 991 of 2004. Failure to do so amounts to non compliance. Counsel for the opposite parties relied upon the orders of the Letters Patent Court to submit that liberty has been granted to the 2 petitioners to pursue appropriate remedies. In the changed circumstances the contempt application no more survives for consideration. The Letters Patent Appeal could not be decided on merits for reasons attributable to the petitioners relying upon the Government decision dated 17.3.2008. The Court finds it difficult to accept the submission on behalf of the opposite parties. The Court is informed that the order in C.W.J.C. No. 991 of 2004 was stayed by the Letters Patent Court on 23.4.2008 after the opposite parties had taken the decision for regularization on 17.3.2008. So long as the opposite parties do not dispute or deny the correctness of their decision dated 17.3.2008, it is difficult to appreciate how they contend that the petitioners stalled any decision on merits in Appeal. The decision on merits was stalled by the opposite parties themselves. But the Court is of the firm view that the order in C.W.J.C. No. 991 of 2004 in its original form setting aside the termination which consequentially meant reinstatement and giving direction for regularization no more survives in its original form. It has merged into the orders of the Division Bench. Both the orders cannot be said to 3 co-exist on the same issue between the same parties creating two divergent situations. In view of the order of the Letters Patent Court, the issue of reinstatement no more survives for consideration and the only issue now is of regularization. The Court is not satisfied of its jurisdiction to proceed in contempt. The petitioners may avail their remedies appropriately as observed in the order of the Division Bench. The proceeding stands disposed. P. Kumar ( Navin Sinha, J.)