IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12230 of 2010 1. Ramayan Singh S/O Late Suraj Singh R/O Vill.- Ekdanga Navkatda, P.S.- Mirganj, Distt.- Gopalganj, Presently Posted As Pump Operator At Mechanical Sub-Division, Gopalganj Versus 1. The State Of Bihar Through Commissioner Cum Principal Secretary P.H.E.D., Bishwawesaria Bhawan, Bailey Road, Patna 2. The Engineer-In-Chief Cum Special Secretary (Mechanical) Public Health Engineering Deptt., P.H.E.D., Bishwawesaria Bhawan, Bailey Road, Patna 3. The Chief Engineer Mechanical P.H.E.D., Bishwawesaria Bhawan, Bailey Road, Patna 4. The Superintending Engineer (Mechanical) P.H. Circle, Muzaffarpur 5. The Executive Engineer (Mechanical) P.H. Division, Chapra ---------------------------------- 2. 02.12.2011 Heard counsel for the petitioner and the State. In the limited nature of relief sought and the direction required the Court does not consider it necessary to take note of the facts of the case except to the extent necessary. The petitioner was engaged as muster roll employee brought into the work charged establishment then promoted to the post of Electrician. The promotion was recalled which was challenged before the Court successfully leading to regularization. Subsequently he was reverted to muster roll on 2.9.2002. Learned counsel submits that reversion 2 was challenged in C.W.J.C. No. 6359 of 2002. An interim order was passed on 21.5.2002 that if not already reverted he shall not be reverted. The petitioner claims to have continued without reversion. Ultimately the writ petition along with analogous cases was referred to a three man committee leading to fresh order of absorption on 30.11.2006. Relying upon a Bench decision in C.W.J.C. No. 12187 of 2009 stated at the bar to have been affirmed in Appeal also, the submission is that by virtue of the interim order dated 21.5.2002 the petitioner is entitled to his salary on the work charged post that he held by virtue of the interim order. Counsel for the State rightly submits that the interim order itself was conditional in nature. It remains a matter for enquiry whether the petitioner had been reverted before the interim order or not. If he had not been reverted and was covered by the interim order, the order of the Court in C.W.J.C. No. 12187 of 2009 may apply subject to the fact that the petitioner actually discharged duties on the un-reverted post. The writ application is disposed off in 3 similar terms as C.W.J.C. No. 12187 of 2009 for the claim to be considered in accordance with law based on the discussions contained in the present order. Let such appropriate decision be taken within a maximum period of eight weeks from the date of receipt/production of a copy of this order. Needless to state that if the respondents find justification in the claim or in any part of the claim necessary consequential orders shall be issued simultaneously. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)