IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2044 of 2004 MD.SAAD HUSSAIN & ORS Versus STATE OF BIHAR & ORS ----------- For the Petitioners : Md. Fazal Rahman, Adv. For the Respondents : Mr. S.K.Ghosh, A.A.G.-2 ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 7th July, 2008. In the order dated 26.2.2004, the following observations have been made: - “Considering the facts and circumstances of the case, no positive direction can be issued to the respondents at this stage. The petitioners however, may represent their cases before the appropriate authority for their absorption and in case the process of absorption of employees of Census department is found to be ongoing, then their cases would be considered in accordance with law.” 2. A close consideration of the aforesaid observations would show that the Court found no case in favour of the petitioners. It has specifically observed that no positive directions can be issued to the respondents. What has been directed is that the petitioners may represent their cases before the appropriate authority for their absorption and in case the process of absorption of employees of - 2 - Census department is found to be ongoing, then their cases would be considered in accordance with law. 3. A supplementary show cause has been filed on behalf of opposite party no.5 and the following statement has been made: - “That is submitted that petitioners were considered in the special meeting of the District Establishment Committee held on 4.9.03 and 7.4.2005 and the cases of the petitioners were rejected.” 4. It appears, thus, that the case of the petitioner no.1 has been rejected on due consideration as he was retrenched from the Vaishali district and in so far the other petitioners are concerned they were found to have worked as only daily wages. 5. It cannot be said that the consideration of the cases of petitioners is not in accordance with the order dated 26.2.2004. 6. M.J.C. is dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-