IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3112 of 2004 1. RAM SAGAR MAHTO S/O LATE RAM KISHUN MAHTO R/O SIMRI PS- VIDYAPATI NAGAR, DISTT- SAMASTIPUR 2. MAHESH RAI S/O RAM KHELAWAN RAI R/O VILL- KEOLA PS- DALSINGHSARAI DISTT- SAMASTIPUR 3. RAM PADARATH CHOUDHARY S/O BRIJNANDAN CHOUDHARY R/O VILL-& PO- ASINCHAK PS- DALSINGHSARAI, DISTT- SAMASTIPUR 4. YOGENDRA MAHTO @ JOGINDAR MAHTO S/O LATE DASRATH MAHTO R/I VILL- RAMPUR JALALPUR, PS- DALSINGHSARAI, DISTT- SAMATIPUR 5. DHIRENDRA KUMAR CHOUDHARY @ DHARMENDRA S/O VIDYASAGAR CHOUDHARY R/O VILL- BISHWASHPUR, PO- SOERA, PS- DALSINGHSARAI, DISTT- SAMASTIPUR-----PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE SECY. URBAN DEVELOPMENT DEPARTMENT PATNA 3. THE NAGAR PANCHAYAT DALSINGHSARAI THROUGH ITS EXECUTIVE OFFICER, DISTRICT- SAMASTIPUR 4. THE EXECUTIVE OFFICER-CUM-EXECUTIVE MAGISTRATE, DALSINGHSARAI, DISTT- SAMATIPUR-------RESPONDENTS. ----------- 3 12.7.2010 All the petitioners claim themselves to be regular permanent employees working under the respondent that is Nagar Panchayat Dalsinghsarai. According to them they had not been paid their salaries despite the work taken by them. Though a power was filed on behalf of Nagar Panchayat on 13.9.2004 but no counter affidavit has been filed on behalf of the respondent till date. A prayer for adjournment to do so at this stage is totally unfair and unreasonable. The prayer therefore is declined. An oral submission has been made on behalf of the respondents that the petitioners are not regular employees but are imposters or fake. The Court cannot take cognizance of such submission in absence of any material. This writ application is disposed of with a direction upon the Executive Officer of - 2 - Dalsinghsarai Nagar Panchayat that taking cognizance of this order along with the application of the present petitioners of their claim he shall pass speaking order on the issue within a period of three months from the date of filing of such application by the petitioners. If the claims of the petitioners are found to be in order then it goes without saying that efforts will be taken for payment of dues. If the order is otherwise then it may have to be considered at an appropriate forum. This writ application is disposed of with the above direction for strict compliance. RPS (Ajay Kumar Tripathi,J.)