IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3567 of 2009 1. Yogendra Thakur, son of late Anurag Thakur, resident of village Mustafapur, P.S. Bihta, District Patna. 2. Madan Prasad, son of Shri Narsingh Ram, resident of village Dayalchak, P.S. Dulhin Bazar, District Patna. 3. Deo Nandan Rai, son of late Chandrika Rai, resident of village Kharath, P.S. Masaurhi, District Patna. 4. Yogendra Mahto, son of Shri Bhola Mahto, resident of village Saridachak, P.S. Agamkuan, District Patna. 5. Lal Bahadur, son of late Ram Bahadur, resident of Muhalla Dujarachak, P.S. Dujara, Town and District Patna. 6. Ram Bali Jha, son of Shri Kalikant Jha, resident of village Antaura, P.S. Bahera, District Darbhanga. 7. Surendra Kumar Jha, son of late Jaynandan Jha, resident of village Kumhara Bishunpur, District Sitamarhi. 8. Raju Prasad, son of Shri Ram Lakhan Prasad, resident of Purbi Chander Road, P.S. Kotwali, Town & District Patna. 9. Damodar Prasad, son of Shri Madhusudan Prasad, resident of village Somara Jamshed, P.S. Rafiganj, District Aurangabad. 10. Shivdani Prasad, son of Shri Ramjee Mahto, village Nadpurn Dih, P.S. Akbarpur, District Nawadah. 11. Supan Prasad Yadav, son of late Asharfi Yadav, resident of Pahleja, P.S. Sonepur, District Saran. 12. Parmeshwar Pandit, son of Shri Munshi Pandit, resident of Khajpura, P.S. Gardanibagh, District Patna. 13. Saheban Ram, son of Shri Bhonu Ram, resident of village Datmai, P.S. Dhanarua, District Patna. 14. Raj Kumar Paswan, son of late Sahdeo Paswan, resident of village Kaila, P.S. Nagarnausa, District Nalanda. 15. Kirani Sah, son of Shri Lal Babu Sah, resident of village Purani Dih, P.S. Kesariya, District East Champaran (Motihari ) 16. Satyanand Singh, son of Shri Jagdish Singh, resident of Kurkuri, P.S. Phulwarisharif, District Patna. 17. Nagendra Dubey, son of Shri Ramakant Dubey, resident of Purani Panapur, P.S. Danapur, District Patna. 18. Sattan Sah, son of late Paltan Sahu, resident of village Guriya, P.S. Sanhaul, District Bhagalpur. 19. Radheyshyam Thakur, son of Shri Tej Narain Thakur, resident of village Yajjuar, P.S. Yajjuyar, District Muzaffarpur. 20. Ram Bihari, son of Shri Bagdeo Singh, resident of village Beyapur, P.S. Maner, District Patna. 21. Shyam Bihari, son of Shri Jagdeo Singh, resident of village Beyapur, P.S. Maner, District Patna. 22. Ram Kumar Jha, son of Shri Balkrishna Jha, resident of village Habiar, P.S. Bahera, District Darbhanga. 23. Shanker Singh, son of Shri Ramanand Singh, resident of village Nansagar, P.S. Sandesh, District Bhojpur. 24. Raj Mangal Rao, son of Sri Durga Prasad, resident of Mohalla 2 Rampur, P.S. Rampur, District Gaya. 25. Madhu Singh, son of Shri Shiv Narain Singh, resident of village Sonawa, P.S. Didarganj, District Patna. 26. Bihari Singh, son of Shri Shiv Narain Singh, resident of village Sonawa, P.S. Didarganj, District Patna. 27. Nem Narain Arya, son of late Jamuna, resident of village Sampatchak, P.S. Gaurichak, District Patna. 28.Akhilesh Kumar Malakar, son of Shri Badri Bhagat, resident of village Fatehpur, P.S. Didarganj, District Patna. 29. Ram Prasad Singh, son of Shri Hiraman Singh, resident of village Sonawa, P.S. Didarganj, District Patna. 30. Jamun Singh, son of Shri Joga Singh, resident of village Mahuli, P.S. Didarganj, District Patna. 31. Hardayal Singh, son of Shri Anand Singh, resident of village Deuar, P.S. Sandesh, District Patna. 32. Gopal Rai, son of Shri Mangal Rai, resident of Saristabad, P.S. Gardanibagh, District Patna. 33. Sushila Devi, wife of late Awadh Prasad, resident of village Shivrampur, P.S. Belaganj, District Gaya. ……….. Petitioners Versus 1. The State of Bihar, through the Principal Secretary, Environment and Forest Department, Sinchai Bhawan, Patna. 2. Shri J.R.L. Meena, Principal Secretary, Environment & Forest Department, Sinchai Bhavan, Patna. 3. Dr. M.K. Sharma, Principal Chief Conservator of Forest, Technology Bhavan, Bailey Road, Patna. 4. Shri Mithilesh Kumar, Regional Chief Conservator of Forest, Shrikrishnapuri, Patna. 5. Shri B.P.Sinha, Conservator of Forest, Patna Circle, Nehru Nagar, Patna. 6. Shri Surendra Singh, Divisional Forest Officer, Patna Circle, Nehru Nagar, Patna. ………Opposite parties. For the petitioners :Mr. R.N. Mukhopadhyay, Advocate. For the opposite parties :M/s Lalit Kishore, A.A.G.3 and Anshuman Singh, Advocate. ----------- 07/ 05.05.2010 This petition has been filed by the petitioners for holding the opposite parties guilty for contempt and for suitably punishing them for willful violation of the direction of this court vide order dated 3 20.07.2009 passed in M.J.C. No.2142 of 1997 and also for commission of gross contempt by the opposite parties due to non-compliance of earlier order of this court dated 15.01.1997 passed in C.W.J.C. No.8510 of 1995. 2. From the averments made by learned counsel for the parties as well as the materials on record, it is quite apparent that earlier C.W.J.C. No.8510 of 1995 was filed by the petitioners claiming that they had been employed by the opposite parties on daily wage basis for a considerable long period, but they were not regularized. However, at the time of final arguments on 15.01.1997 it was stated on behalf of the petitioners that the government was going to fill up the vacancies in regular manner and the government had decided to consider the case of such casual employees and hence learned counsel for the petitioners did not wish to press the said writ petition at that stage. Accordingly vide order dated 15.01.1997 the said writ petition was disposed of with a direction to the respondents to act in accordance with Annexures-15 and 24 and to complete the process of selection within six months and if the petitioners feel aggrieved at any subsequent stage it would be open to them to move this court. 3. It further transpires that in view of the aforesaid order of this court, the Divisional Forest Officer considered the claim of the petitioners for regularization of their services and rejected the same by a speaking order dated 30.04.1998 (Annexure-B), whereafter a general notice was issued by the authorities in the newspaper for the aforesaid purposes. The said notice was challenged by the petitioners by filing 4 C.W.J.C. No.5353 of 2001, which was disposed of by a Bench of this court vide order dated 25.04.2001 directing the respondents to consider the case of the petitioners. 4. Again the Chief Conservator Officer considered the claim of the petitioners and rejected it by a speaking order dated 21.06.2001 (Annexure-5). The said order was challenged by the petitioners in C.W.J.C. No.9158 of 2001. A similar writ petition bearing C.W.J.C. No.9851 of 2001 was also filed by some other similarly situated employees. Both the writ petitions were considered by a Bench of this court and were disposed of vide order dated 14.02.2005(Annexure -7) directing the respondents to consider petitioners’ case of regularization. 5. Against the aforesaid common order of this court, the State Government filed two appeals bearing L.P.A. No.630 of 2005 and L.P.A. No.574 of 2005 but both the appeals were dismissed by a Division Bench of this court vide order dated 28.01.2010 (Annexure- 11/1). However, in the meantime, the petitioners and other employees filed M.J.C. No.1319 of 2005 and M.J.C. 2813 of 2005 for non- compliance of the order of this court dated 14.02.2005, but both the aforesaid M.J.C. cases were disposed of by this court vide order dated 29.01.2008. 6. It transpires that thereafter the Chief Secretary examined the matter and directed the Secretary of the Department to consider the petitioners’ case and report vide order dated 12.03.2008 (Annexure-C). It was only thereafter that the petitioners’ claim was re-considered and was rejected by the authorities concerned by a well considered order. 5 7. It further transpires that the petitioners had also filed M.J.C. No.2142 of 1997 for initiating a proceeding of contempt against opposite parties due to alleged non-compliance of order dated 15.01.1997 (Annexure-2) passed by a Bench of this court in C.W.J.C. No.8510 of 1995. The said M.J.C. was disposed of by this court vide order dated 20.07.2009 (Annexure-1) stating that since Civil Review No.128 of 1998 having been disposed of on 20.07.2009, the authorities shall take steps for compliance of order dated 15.01.1997 passed by a learned Single Judge of this court in C.W.J.C. No.8510 of 1995. 8. It may be stated in this regard that the opposite parties had filed Civil Review No.128 of 1998 with respect to order dated 15.01.1997 (Annexure-2) passed in C.W.J.C. No.8510 of 1995, but the said civil review petition was dismissed by this court vide order dated 20.07.2009. It is thus quite apparent that by the dismissal of the aforesaid civil review petition, order dated 15.01.1997 passed in C.W.J.C. No.8510 of 1995 stood affirmed. But in the said order dated 15.01.1997 there is no positive direction of the court for regularization of the services of the petitioners. The Division Bench of this court in its order dated 28.01.2010 (Annexure-11/1) passed in L.P.A. No.630 of 2005 and L.P.A. No.574 of 2005 had specifically found that : “In the opinion of this Court the learned Single Judge has not given any specific direction for regularization and all that has been observed is only to consider the case of the writ petitioners for their regularization in accordance with law. Such innocuous direction wherein this Court had also not decided the questions with regard to the exact number of vacancies in our considered opinion give no scope for interference. It is always 6 open to the State to take any appropriate decision in the matter of regularization of the writ petitioners-respondents to this appeal in accordance with law.” 9. In view of the aforesaid order and also in view of the subsequent steps taken by the authorities and orders passed by them on 30.04.1998, 21.06.2001 and 12.03.2008, etc. clearly show that the orders of this court have been fully complied after full and proper consideration of the claims of the petitioners. Hence there is no question of any non- compliance of order of this court dated 15.01.1997 passed in C.W.J.C. No.8510 of 1995. 10. So far order dated 20.07.2009 (Annexure-1) passed in M.J.C. No.2142 of 1997 is concerned, it was only observed therein that since Civil Review No.128 of 1998 had been disposed of on 20.07.2009, the authorities shall take steps in compliance of order dated 15.01.1997 passed by a learned Single Judge of this court in C.W.J.C. No.8510 of 1995. It is apparent that order dated 15.01.1997 was already complied whereafter several cases were filed by the petitioners one after the other, which were duly disposed of as mentioned above. Hence, no case of any violation of order dated 20.07.2009 (Annexure-1) passed in M.J.C. No.2142 of 1997 is also made out by the petitioners. 11. Accordingly, this petition is dismissed. harish (S.N. Hussain, J.)