IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.531 of 2011 Chanarik Baitha son of Late Sukhlal Baitha, R/o East Sipara, Kanhar Par, Post-Delwan, Police Station-Beur, Patna, Dist-Patna. ---Petitioner Versus 1. The State Of Bihar 2. The Principle Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3. The Director Directorate of I.C.D.S. Social Welfare Department, Bihar, Patna. 4. The Incharge Officer, Establishment, Directorate of I.C.D.S., Indira Bhawan, Patna, Bihar. 5. The District Magistrate, Vaisali at Hajipur, Dist-Vaishali. 6. The District Programme Officer, Child Development Project, Dist. Vaishali. 7. The Child Development Project Officer, Chehrakala, Dist. Vaishali. ----------- 04 14.07.2011 Heard Mr. B.N.P.Singh, learned counsel for the petitioner and Mr. Narendra Kumar Jha learned Assistant Counsel to Standing Counsel no. 13. Petitioner seeks issuance of appropriate writ/order for setting aside the order contained in letter bearing memo no. 861 dated 16.03.2010 (Annexure-1) passed by the Director of Integrated Child Development Scheme, Govt. of Bihar as also the consequential order contained in letter no. 1124 dated 30.06.2010 (Annexure-2). Petitioner was initially appointed in the Bihar State Construction Corporation. By different resolutions of the Government his services were placed on deputation with the Government of Bihar to be utilized in Integrated Child Development Scheme. This was made on 01.04.1997. Petitioner continued on the said post/position till issuance of the impugned order whereby he has been directed to be relieved to join parent organization i.e. Bihar State Construction Corporation on the ground that he was approaching the age of superannuation. 2 Learned counsel for the petitioner submits that the premise on which the impugned order has been passed is non-existent and/or extraneous or irrelevant in view of the order passed by a Bench of this Court in CWJC No. 15517 of 2008 (Annexure-3). It is highlighted that the order under challenge has been passed on the ground that the petitioner is/was likely to superannuate on attaining age of 58 years. It is contended that this Court in aforesaid case (CWJC No. 15517 of 2008) clearly disapproved the reason which formed basis of issuance of such order. It is also contended that a writ petition bearing CWJC no. 10016 of 2007 was filed on behalf of employees association of various Boards/Corporation and some individual employees in which the following prayer was made:- “Petitioner No.1 in this writ Application is Bihar State Government Employees Association, which has filed this on behalf of its members in representative capacity and other petitioners have filed in their individual capacity for their absorption on such posts on which they are working in different I.C.D.S. Projects as well as in different districts offices of Bihar, and at headquarter of the Directorate of I.C.D.S., under the Welfare Department, Government of Bihar. Prayer of all these petitioners is for a direction to the Secretary, Welfare Department as well as Director, Integrated Child Development Scheme (I.C.D.S.), to extend the benefits of permanent absorption to the members of petitioner No.1 “ Association” as well as other petitioners, in the light of the provisions contained in letter no. 447, dated 24th of August, 1996 (Annexure-1), issued under the signature of the Director, Treasuries and Accounts Directorate-cum- Additional Secretary, Finance Department.” This Court by order dated 06.04.2011 (Annexure-15) disposed of the said application in the following terms:- “I find that all petitioners who are 3 members of petitioner No.1 “Association” as well as other petitioners, stands on similar footing as appellants of the LPA No. 608 of 2006 and its analogous appeals, as such entitled for similar relief. Accordingly, the Respondent Nos. 2,3,4 and 5 are directed to pass necessary order of absorption of all these petitioners. None of the petitioners shall be repatriated to those defunct Boards, Corporations, Public Sector Undertakings/Enterprises, which were their parent Department. Petitioners will be allowed to superannuate from the posts, they are working. They will be paid their salary, pensionary benefits, remaining on the same post. With these direction/observations, this Writ Application is disposed of.” It is, thus, the stand of the petitioner that the matter requires reconsideration by the concerned respondent since these facts were not brought to the notice of the authority and considered. A counter affidavit has been filed on behalf of the respondent wherein a stand has been taken that the order has been passed in the light of the decision of the Government as would appear from paragraph nos. 6 and 8 thereof. On a consideration of the materials on record and after hearing both sides, it appears that the basis for passing the order challenged in this application has already been disapproved by a Bench of this Court. It further appears that on a writ petition preferred by the Union of employees of Corporation/Board a direction has already been issued by this Court to absorb the employees on deputation in the Corporation/Boards/ departments where they are/were working on deputation. These two orders are required to be considered before taking a decision in the matter respecting the petitioner. For the reasons noted above, this Court is satisfied that the matter 4 be remitted back to the respondent Director of I.C.D.S., Social Welfare Department, Bihar for considering the matter afresh. This Court, thus, disposes of the present application in the following terms:- (1) The order dated 16.03.2010 as contained in Annexure-1 in so far as it relates to the petitioner and the consequential order dated 30.06.2010 as contained in Annexure-2 are quashed and set aside. (2) The matter goes on remand to the respondent Director I.C.D.S. for reconsideration in the light of observation made in the order. (3) The petitioner is also at liberty to file appropriate representation annexing therewith all relevant orders of this Court enabling the said respondent to consider his case in right perspective. This Court further observes that the said respondent Director I.C.D.S. shall pass a fresh order in accordance with law within a period of 02 weeks from the date of receipt/production of a copy of this order. Sym ( Kishore K. Mandal, J. )