Letters Patent Appeal No.546 OF 2006 01. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA 02. THE CHIEF ENGINEER, N.H. WAY AND ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 03. THE SECRETARY TO THE GOVERNMENT, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 04. THE UNDER SECRETARY TO THE GOVERNMENT, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHWESHRAIYA BHAWAN, BAILEY ROAD, PATNA ------------- RESPONDENTS-APPELLANTS Versus 01. ANJANI KUMAR SINHA, AGED ABOUT 45 YEARS, SON OF LATE DINESHWAR PRASAD SINHA, RESIDENT OF P.I.T. COLONY, QUARTER NO. L2/28, CHITRAGUPTA NAGAR, KANKARBAGH, PATNA-20 AT PRESENT WORKING AS TOLL CLERK (WORK CHARGE), MAHATMA GANDHI SETU (ON DEPUTATION) UNDER EXECUTIVE ENGINEER, N.H.DIVISION, GULJARBAGH, PATNA 02. RAMDEO CHOUDHARY, AGED BOUT 42 YEARS, SON OF LATE RAM SWAROOP CHOUDHARY, RESIDENT OF RENTAL FLAT NO. 60, KANKARBAGH COLONY, PATNA-20, AT PRESENT WORKING AS TOLL CLERK (WORK-CHARGE) NATIONAL HIGHWAYS (EAST) DIVISION, PATNA 03. RAVINDRA KUMAR, AGED ABOUT 42 YEARS, SON OF KODAI SAH, RESIDENT OF VILLAGE- JIVAJORE, POST-CHANDWARA, DISTRICT- MUZAFFARPUR AT PRESENT WORKING AS TOLL CLERK (WORK CHARGE) NATIONAL HIGH WAY DIVISION NO.1, MUZAFFARPUR 04. SHRI BHOLA DAS, AGED ABOUT 47 YEARS, SON OF LATE SRI GYANI DAS, RESIDENT OF VILLAGE- ARWA, POST- BACHHBARA, DISTRICT- BEGUSARAI, AT PRESENT WORKING AS NATIONAL HIGHWAY DIVISION NO.1- MUZAFFARPUR 05. CHANDRA MOHAN TIWARY, SON OF SRI KEDAR NATH TIWARY, RESIDENT OF VILLAGE- RAMPUR-DUDHPURA, VIA- SAMASTIPUR, DISTRICT- SAMASTIPUR, AT PRESENT WORKING AS TOLL CLEARK (WORK CHARGE) NATIONAL HIGH WAY DIVISION, DARBHANGA ------------------ PETITIONERS-RESPONDENTS For the Appellants:- Mr. Sanjay Prakash Verma, A.C. to G.A.-5 For the Respondents:- Mr. Anil Kumar Sinha, Advocate 2 ----------- P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE DINESH KUMAR SINGH Navin Sinha & Dinesh Kumar Singh, J.J. We have heard learned counsel for the parties. The respondents along with certain others came to this Court earlier for regularization of their services and payment of arrears in C.W.J.C. No. 3163 of 1991, disposed on 1.5.1991, the extract of which has been quoted at paragraph-2 of the order impugned. We consider it appropriate to also quote the same. “To put it shortly, by this letter it has been assured that none of the persons involved shall loose their employment. On the other hand, they shall be absorbed in the appropriate department of the Government and other service conditions shall be maintained and their salary would be paid properly. On the basis of this assurance given, learned Advocate for the petitioner asks for leave to withdraw this application. Such leave is given and this application is allowed to be withdrawn……” In the contempt application that followed this Court observed, as quoted therein as follows:- “In view of the two orders of this Court and partial 3 implementation of the same with respect to similarly circumstanced persons, the respondent authorities have no discretion left in the matter but to regularize the services of the present petitioners and to pay them arrears of salary.” There is no factual foundation much less any pleading in the memo. of appeal with regard to the aforesaid findings of the Court. We are not satisfied that the appeal raises any ground to merit consideration. We are fortified in our conclusion noticed in the judgment under appeal that the appellants were not denying their duty to act in terms of the earlier orders of this Court, but were only contending that they shall do so only after a representation is filed by the respondents, we consider the said ground wholly frivolous. The appeal is dismissed. Patna High Court, Dated 6th May, 2010, N.A.F.R., P.K. ( Navin Sinha, J.) (Dinesh Kumar Singh, J.)