IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6739 of 2008 1. SURENDRA SINGH SON OF SRI RAM EKBAL SINGH RESIDENT OF VILLAGE THARARA, P.O. + P.S. MAKER, DISTRICT CHAPRA. 2. HARENDRA PRASAD SINGH SON OF SRI RAM LAKHAN SINGH, RESIDENT OF VILLAGE SANDHA KHEMAJA, P.O. SANDHA, P.S. MUFASSIL CHAPRA, DISTRICT CHAPRA. 3. SHATRUGHAN PRASAD, SON OF SRI BISHWANATH PANDIT, RESIDENT OF VILLAGE ISMAIL CHAK, P.O. GOVIND CHAK, P.S. SONEPUR, DISTRICT CHAPRA. 4. ARUN KUMAR SINGH SON OF LATE RAM NARAYAN SINGH, RESIDENT OF VILLAGE +P.O. + P.S. MANJHI, DISTRICT CHAPRA. 5. AMARNATH SINGH SON OF LATE CHULAIH SINGH RESIDENT OF VILLAGE + P.O. MAGAEDI, P.S. + DISTRICT CHAPRA. 6. RAJIV KUMAR SINGH SON OF LATE NAND LAL SINGH RESIDENT OF VILLAGE + P.O. MAHAMADPUR P.S. GARKHA, DISTRICT CHAPRA. 7. NAVAL PRASAD, SON OF LATE RAJENDRA PRASAD RESIDENT OF VILLAGE TIKKA BIGHA(BHOJWAR), P.O.+ P.S. BODH GAYA, DISTRICT GAYA. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY TO GOVT. PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIYA BHAWAN, BAILWAY ROAD, PATNA. 2. THE ENGINEER IN CHIEF CUM SPECIAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIAYA BHAWAN BAILWAY ROAD, PATNA. 3. THE CHIEF ENGINEER(CIVIL) PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIYA BHAWAN, BAILWAY ROAD, PATNA. 4. THE CHIEF ENGINEER(MECHANICAL), PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA. 5. THE SUPERINTENDING ENGINEER, P.H.E. CIRCLE CHAPRA. 6. THE EXECUTIVE ENGINEER, P.H.E. DIVISION, CHAPRA. With CWJC No.8312 of 2008 1. KESHAV TIWARI SON OF LATE CHANDESHWAR TIWARI, RESIDENT OF VILLAGE KANDH PAKAR, P.O. KANDHA PAKAR, P.S. ASWAN, DISTRICT SIWAN. 2. INDRAJIT KUMAR SON OF LATE RAM RAJ PURI RESIDENT OF VILLAGE LOHARI, P.O. GURUKUL, MEHIYA, P.S. MUFFASIL CHAPRA, DISTRICT CHAPRA. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY TO GOVT. PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIYA BHAWAN, BAILEY ROAD, PATNA. 2. THE ENGINEER IN CHIEF CUM SPECIAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESWHAIYA BHAWAN BAILWAY ROAD, PATNA. 3. THE CHIEF ENGINEER (MECHANICAL) PUBLIC HEALTH ENGINEERING DEPARTMENT, PATNA. 4. THE SUPERINTENDING ENGINEER, P.H. MECHANICAL CIRCLE MUZAFFARPUR. 2 5. THE EXECUTIVE ENGINEER, P.H.E. MECHANICAL DIVISION, CHAPRA. ----------- 04. 30.06.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners earlier served Public Health Engineering Division, Saran at Chapra as daily wager on the post of Khalasi for substantially long period. Considering their service they were also brought in the work charge establishment in the years 1988, 1990. Later their inclusion in the work charge establishment was cancelled, which was challenged by filing C.W.J.C. No.6488 of 2002 in which interim order was passed staying the cancellation order. Against the interim order passed by this Court, State respondents preferred L.P.A. No.150 of 2005. Aforesaid writ petition and the L.P.A. were heard along with other connected writ petitions and the L.P.A. by the Division Bench of this Court and under orders dated 13.7.2006 direction was given in the light of the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnatka and Ors. Versus Uma Devi(3) and Others reported in (2006) 4 Supreme Court Cases 1 to constitute a committee of secretaries to 3 consider the case of the petitioners for regularization in the regular establishment of the department. In the light of the order of the Division Bench, State respondents considered the case of the petitioners vide order bearing Memo No.1126 dated 28.11.2006, Annexure-6, perusal whereof indicates that the name of the petitioners have been included therein with reference to C.W.J.C. No.6488 of 2002 and L.P.A. No.150 of 2005. In the light of the order of the department dated 28.11.2006, Annexure-6 Executive Engineer issued the consequential office order nos.143, 131 dated 30.11.2006 regularizing the services of the petitioners on Class-IV post of Khalasi. Later the department issued instruction bearing Memo No.433 dated 28.3.2008, Annexure-8 containing the list of Khalasi regularized on Class-IV post but said list did not include the name of the petitioners. On the basis of the instruction dated 28.3.2008 payment of salary to the petitioners in the regular scale of Khalasi was also stopped. Petitioners thereafter filed the present writ petition. 3. It is submitted on behalf of the petitioners that before passing the order bearing Memo No.433 4 dated 28.3.2008, Annexure-8 enclosing another list of Khalasi regularized in the department omitting the name of the petitioners, no show cause notice was given to the petitioners. Had show cause notice been given to the petitioners, they would have contended before the departmental authorities that they have been regularized on the post of khalasi in compliance of the order of the department bearing Memo No.1126 dated 28.11.2006, Annexure-6 and such fact has already been disclosed to the High Court in the show cause filed in M.J.C. No.2653 of 2003, which was filed for non-compliance of the interim order passed in C.W.J.C. No.6488 of 2002 on the basis of which said M.J.C. was disposed of under orders dated 18.9.2008 making reference of Memo No.1126 dated 28.11.2006. 4. Sri Surendra Kumar, Chief Engineer who has appeared in this Court in compliance of the direction of this Court contained in order dated 28.6.2011 states that name of the petitioners and other similarly situate persons was omitted from the list of regular khalasi appended with memo no.433 dated 28.3.2008 as the said list was drawn on the basis of the seniority reckoned 5 with reference to the date of birth of the candidate, as was directed under subsequent circular of the Personnel Department. 5. Having heard counsel for the petitioner, State and Sri Surendra Kumar, both the writ petition(s) are disposed of directing the petitioners to appear before the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna along with a copy of this order, whereafter the Principal Secretary shall consider the case of the petitioners that they were regularized under recommendation bearing memo no.1126 dated 28.11.2006 Annexure-6 and the consequential order issued by the concerned Executive Engineer bearing office order nos.143, 131 dated 30.11.2006 in the light of the recommendation of the three men committee constituted in compliance of the directions of the Division Bench contained in order dated 13.7.2006 passed in C.W.J.C. No.7359 of 2002 and other analogous matters including C.W.J.C. No.6488 of 2002 and that regularization of the petitioners having already been made could not have been cancelled in the light of the subsequent decision of 6 the Personnel Department to reckon seniority of the daily wager with reference to their date of birth. Appropriate order in this regard be passed by the Principal Secretary of the department as early as possible, in any case within two months from the date of receipt/production of a copy of this order before him. As the earlier order annexing the list regularizing the services of the petitioners on Class-IV post was brought to the notice of the High Court by filing show cause on behalf of opposite party no.5 in M.J.C. No.2653 of 2003 on the basis of which the said M.J.C. was disposed of taking into account the regularization order bearing Memo No.1126 dated 28.11.2006, I deem it expedient to direct that until disposal of the matter by the Principal Secretary petitioners should be paid salary of the regular employee in the light of the contents of departmental Memo No.1126 dated 28.11.2006 and the consequential order bearing office order nos.143, 131 dated 30.11.2006 passed by the Executive Engineer, Public Health Division, Saran. Rajesh/ ( V. N. Sinha, J.)