IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.337 of 2005 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF ENVIRONMENT AND FORESTS, GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GOVT. OF BIHAR, PATNA 4. THE REGIONAL CHIEF CONSERVATOR OF FORESTS, NORTH BIHAR, MUZAFFARPUR 5. THE CONSERVATOR OF FORESTS, MUZAFFARPUR 6. THE DISTRICT MAGISTRATE, SARAN AT CHHAPRA 7. THE DIVISIONAL FOREST OFFICER, FOREST EXTENSION DIVISION, SARAN AT CHHAPRA 8. THE RANGE FOREST OFFICER, FOREST EXTENSION RANGE, CHHAPRA, DISTT. SARAN 9. THE RANGE FOREST OFFICER, FOREST EXTENSION RANGE, MASHARAKH DISTT. SARAN 10. THE RANGE FOREST OFFICER, FOREST EXTENSION RANGE, DIGHWARA, DISTT. SARAN ………….Respondents-Appellants Versus 1. KISHORI PD.YADAV S/O SRI DEEP NARAYAN PD. R/O VILLAGE GOPALPUR, P.S. MARHAURA, DISTT. SARAN 2. RAJENDRA RAI S/O LATE SALIK RAI, R/O VILLAGE POKHTARA, P.S. TARAIYA DISTT. SARAN 3. JAGARNATH SINGH S/O LATE POKAR SINGH, R/O VILLAGE PATERHI, P.S. MARHAURA DISTT. SARAN 4. MATHURA RAI S/O LATE FULENA RAI, R/O VILLAGE TEJPURWA, P.S. MARHAURA DISTT. SARAN 5. LAL MOHAR MAHTO S/O LATE TILESHWAR MAHTO, R/O VILLAGE SAIDPUR, P.S. AFAUR, DISTT. SARAN 6. GANESH MAHTO S/O LATE HUNAR MAHTO, R/O VILLAGE BISHUNPURA, P.S. JALALPUR BAZAR, DISTT. SARAN 7. DEONATH RAI S/O LATE SHEO PUJAN RAI, R/O VILLAGE CHATURGUN CHAPRA, P.S. BANIAPUR, DISTT. SARAN 8. PRABHUNATH MAHTO S/O BIKRAMA MAHTO, R/O VILLAGE NARPALIA, P.S. MANJHI, DISTT. SARAN 9. LOCHAN BHAGAT S/O LATE RAMAN BHAGAT, R/O VILLAGE BAGAHI, P.S. TARIYA, DISTT. SARAN 10. SRI BHAGWAN RAI S/O LATE AMBIKA RAI, R/O VILLAGE MAYA RAI KE TOLA, P.S. KHAIRA, DISTT. SARAN 11. MOTICHAND MANJHI S/O GOJADHAR MANJHI, R/O VILLAGE MASHRAKH, DISTT. SARAN 12. GORAKH RAI S/O RAM JEE RAI, R/O VILLAGE DAHIAWAN, NAYEE BAZAR, P.S. CHAPRA, DISTT. SARAN 13. KUSHESHWAR SINGH S/O SRI BHAIRAV SINGH, R/O VILLAGE GANDAR CHHAPIA, P.S. TARAIYA, DISTT. SARAN 14. NAG NARAYAN RAI S/O SAKHI CHAND RAI, R/O VILLAGE BANKATA, P.S. KOPA, DISTT. SARAN 15. UMA SINGH S/O LATE SARVANAND SINGH, R/O VILLAGE RASAULI, P.S. PANAPUR, DISTT. SARAN 16. ARUN KUMAR SINGH S/O LATE LAKSHMI NARAYAN SINGH R/O VILLAGE CHAINPUR, P.S. TARAIYA, DISTT. SARAN 17. NAYEEM MIAN S/O ABDUL ISAHAQUE, R/O VILLAGE SHITAL PATTI, P.S. TARAIYA, DISTT. SARAN 18. RAMAN SINGH S/O YAMUNA SINGH R/O VILLAGE MASHARAKH, GOPALBARI, P.S. MASHARAKH, DISTT. SARAN 19. HARENDRA RAI S/O SRI GANESH RAI, R/O VILLAGE TENUE, P.S. MUFASSIL, CHAPRA, DISTT. SARAN 20. DEO BALAK PRASAD S/O LATE BINDA PD., R/O VILLAGE SABRI, P.S. JALALPUR BAZAR, DISTT. SARAN 21. RAM BACHAN MAHTO S/O LATE RAM BALAK MAHTO, R/O VILLAGE DUMRI MANJHI, P.S. MANJHI, DISTT. SARAN 22. SHEO LOCHAN MAHTO S/O RAM BALAK MAHTO, R/O VILLAGE DUMRI MANJHI, P.S. MANJHI, DISTT. SARAN 23. AMAR NATH TIWARY S/O LATE PARASHURAM TIWAY, R/O VILLAGE TEK NIWAS, P.S. RAVILGANJ, DISTT. SARAN 24. SHEO KUMAR MAHTO S/O SHRI LAL MOHAR MAHTO, R/O VILLAGE SAIDPUR, P.S. NAGRA, DISTT. SARAN 25. MANAGER RAI S/O LOMAR RAI, R/O VILLAGE SHAHADI, P.S. AMNAUR, DISTT. SARAN ----------- 7. 18.10.2011 I.A. No. 1818 of 2005 has been filed for condoning the delay for filing the L.P.A. Considering the grounds mentioned in the aforesaid I.A. petition the same is allowed and delay in filing the L.P.A is condoned. The present appeal has been filed against the order dated 1.12.2004 passed in C.W.J.C. No. 2315 of 2004 wherein the respondents being the petitioners have chosen to issue writ of mandamus for regularization of their services on class IV post, on the ground that they were working before the same departments since 1982 onwards. The entire case is based on Annexure-2 of the L.P.A. which is a letter issued by the Forest Department, Govt. of Bihar, Patna to consider the case of the daily wages workers for their regularization since they have completed 240 days. The appellants-respondents did not controvert the fact that the respondents was working since 1982 onwards. Learned Single Judge after going through the counter affidavit and considering the merits of the case directed the respondents authority to consider the case of the respondents and similarly situated persons for their regularization on class IV post employee within a period of six months from the date of receipt of the production of a copy of the order, even though learned counsel appearing on behalf of the State has raised the contention before us that the request has already been rejected in the year 2000 vide Annexure-5. The fact remains that there is no material placed before this court and Annexure-2 is withdrawn by the State at any point of time and the undisputed fact remains that the respondents are working since 1982 onwards. Under the above circumstances, we do not find any illegality in the order passed by the learned Single Judge. The L.P.A. stands dismissed. Fhd/Sudip. ( T.Meena Kumari, J. ) ( Vikash Jain, J. )