IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12092 of 2009 THE BIHAR PROVINCIAL PUBLIC WORKS DEPTT. WORKERS UNION Having its regd. Office at Anibesent Road, Patna- 4, through its Secretary Md. Taslim, S/o- Md. Sarif, R/o- Vill- Belaganj, P.S. & Distt- Khagaria :---Petitioner. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Water Resources Deptt., Govt. of Bihar, Patna. 2. The Chief Engineer, Water Resources Deptt. (Irrigation), Anishabad, Patna. 3. The Superintending Engineer, Ganga Sone Flood Control Circle, Mithapur, Patna. 4. The Executive Engineer, Ganga Flood Control Division, Bihar, Patna Division, Digha, Patna ;------ Respondents. ----------- 02. 14.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner-Association has filed this writ application for a direction to the State-respondents to consider the case of the Muster Roll Workers whose name has been included in the list of the Muster Roll Workers contained in Annexure-1 for adjustment/regularization as many persons included in the said list have been ignored for adjustment/regularization in the Work Charge Establishment, although persons junior to them as per the date of engagement as Muster Roll Worker have already been regularized/adjusted in the Work Charge Establishment. One such instance which is pointed out is that of Surendra Rout who was engaged as Muster Roll Worker in June, 2000 as is evident from Annexure-1 has been regularized ignoring others who have been engaged as Muster Roll Worker on 25.2.1979 and included in the list, namely, Chandrika Prasad Ajad, Nawal Kishore Prasad Singh and many others. 3. Let the Chief Engineer, Water Resources Department (Irrigation), Anishabad, Patna, Respondent No.2 consider the submission noted above and regularize the services of those who have - 2 - been engaged earlier to Surendra Rout in accordance with law as early as possible in any case within a reasonable time not exceeding three months from the date of receipt/production of a copy of this order. 4. When the aforesaid order was passed learned counsel for the State-respondents opposed the direction stating that the petitioner and Surendra Rout are in different divisions, as such, their regularization should await availability of the sanctioned vacancy in the division in which they are engaged. Such submission has been noted only to be rejected as petitioners and Surendra Rout are serving under the same Chief Engineer who heads the zone within which Punpun Flood Protection Division, Patna in which Surendra Rout is engaged and also Sone Flood protection Division, Bihta where Chandrika Prasad Azad and others are engaged is located. In the circumstances, there is no difficulty for the Chief Engineer to shift the petitioners from Sone Flood Protection Division, Bihta to any other division within his zone for the purposes of regularization. In compliance of this order the Chief Engineer should pass appropriate orders in accordance with law as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)