IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8279 of 2010 BINDESHWARI PRASAD THAKUR S/O LATE YOGESHWAR THAKUR R/O VILL SRI NAGAR CHHARRAPATTI, P.S.SAHEBPUR KAMAL, DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. THE BIHAR STATE CONSRUCTION CORPORATION LIMITED ANISABAD, PATNA THROUGH ITS MANAGING DIRECTOR ANISABAD, PATNA, BIHAR 4. THE MANAGING DIRECTOR, BIHAR STATE CONSTRUCTION CORPORATION LIMITED ANISABAD, PATNA 5. THE DIRECTOR, DIRECTORATE OF I.C.D.S. SOCIAL WELFARE DEPARTMENT GOVERNMENT OF BIHAR, PATNA 6. THE INCHARGE OFFICER, ESTB. CUM TRAINING OFFICER, DIRECTORATE OF I.C.D.S. INDIRA BHAWAN, PATNA, BIHAR 7. THE DISTRICT MAGISTRATE BEGUSARAI, DISTT- BEGUSARAI 8. THE DISTRICT PROGRAMME OFFICER, CHILD DEVELOPMENT PROJECT DISTT- BEGUSARAI 9. THE CHILD DEVELOPMENT PROJECT OFFICER CHERIA BARIARPUR, BLOCK, DISTT-BEGUSARAI For the Petitioner : M/s. B.N.P. Singh, Yogesh Kumar, Advocates. For the State : Mr. Rajesh Kumar verma, AC to SC-XI. ----------- 03. 21.05.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is the employee of the Bihar State Construction Corporation Ltd., Anisabad. He was sent on deputation to serve the office of Child Development Project Officer, Cheria Bariarpur, Begusarai, who under instructions of the authorities of the Corporation has repatriated the petitioner to his parent organization under order bearing Memo No.70 dated 26.4.2010, Annexure-9. Petitioner apprehended his repatriation earlier and made representation dated 24.7.2009, Annexure-2 in the light of the direction of this Court contained in order dated 16.7.2009 passed in C.W.J.C. No.8046 of 2009, Annexure-1. 3. It is submitted on behalf of the petitioner that - 2 - notwithstanding the pendency of the representation filed in compliance of the orders of this court, the Child Development Project Officer, Cheria Bariarpur has repatriated the petitioner to his parent organization and such repatriation according to the counsel for the petitioner is contrary to the direction of this Court contained in order dated 7.8.2009 passed in C.W.J.C. No. 15517 of 2008, Annexure-10 to the supplementary affidavit. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to first join his parent organization in compliance of the order of repatriation dated 26.4.2010, Annexure-9 and thereafter pursue his representation dated 24.7.2009, Annexure-2 addressed to the Director, Social Welfare Department, Govt. of Bihar, who should dispose of the same in the light of the direction of this Court contained in order dated 7.8.2009, Annexure-10 in accordance with law, as early as possible, in any case within three months from the date of receipt of this order before him. It goes without saying that Child Development project Officer, Cheria Bariarpur while relieving the petitioner in compliance of his own order dated 26.4.2010, Annexure-9 shall pay the entire arrears of salary to the petitioner. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)