IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11157 of 2003 1. SINCHAI KAMGAR UNION, Kedar Bhawan, Amarnath Road, Patna through its General Secretary, Paras Nath Ojha, son of late Ramji Ojha, village Singhanpura, P.S. Simri, District Buxar 2. Bashistha Sharma, son of late Kamta Sharma, resident of village Chakarbansi, P.O. Pandey Patti, Town and District Buxar 3. Ramakant Lal Verma, son of late Chaturanand Lal Verma, resident of Mohalla Kharaiya Basti Ward No.10, P.S. Araria, Town and District Araria 4. Jogendra Pandey, son of late Sukhdeo Pandey, resident of village Chamarbigha, District Nalanda 5. Chandeshwar Mandal, son of Sri Sirith Mandal, resident of village Sirkhia, District Sitamarhi … Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Water Resources (Irrigation) Department, Sinchai Bhawan, Patna 3. The Commissioner cum Secretary, Finance Department, Govt. of Bihar, Patna 4. The Chief Engineer, Water Resources Department, Purnea … Respondents. ----------- 6. 18.1.2010 No one appears for the petitioners. The prayer of the petitioners in this writ application reads as below:- “1(I) A writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents State Government and the concerned authorities not to effect recovery of the amount already paid by way of monetary benefits of 1st time bound promotion during the period 1.4.81 to 26.3.87 from those employees of 2 Water Resources Department whose services have been regularized from work charge establishment on the basis of resolution of the Finance Department dated 27.3.87 under memo no. 1503 which has been held by this Hon’ble Court in its order dated 8.12.95 passed in CWJC No. 6219 of 1995 ”-------- against the principles laid down by the Supreme Court and this Court.” (II) A writ in the nature of certiorari or any other appropriate writ, order or direction quashing the letter dated 26.7.2002 issued under Memo No. 2410 by the Chief Engineer, Water Resources Department, Purnea whereby and whereunder he issued directions to the Executive Engineer, Irrigation Division, Araria and also to the Executive Engineers of the Irrigation Divisions, Purnea, Banmankhi, Katihar, Bathnaha and Narpatganj to recover the monetary benefits of the 1st time bound promotion during the period 1.4.1981 to 26.3.87 paid to such employees whose services have been regularized from work charge establishment. (III) A writ in the nature of certiorari or any other appropriate writ, order or direction quashing the letter dated 18.6.2002 issued under the signature of the Executive Engineer, Irrigation 3 Division, Araria whereby and whereunder the monetary benefits of the 1st time bound promotion paid during the period 1.4.81 to 26.3.1987 to the petitioners and other such regular employees (brought from work charge establishment) have been ordered to be recovered. (IV) A writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents not to recover the salary and allowances being paid to the petitioners w.e.f. 1.4.81 by virtue of the 1st time bound promotion granted to them in the light of the Fourth Pay Revision Committee’s report which was duly accepted by the State Govt. (V) A writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent not to lower the pay scale of the petitioners which they have been getting w.e.f. 1.4.81 in terms of the Fourth Pay Revision Committee’s report duly adopted by the State Government. Counsel for the State points out that an identical case, CWJC No. 2524 of 1996, Koshi Project Workers’ Association & Ors vs. the State of Bihar and Ors. has been disposed of wherein it has been held that 4 employees in the work charge establishment were not entitled for time bound promotion prior to 27.3.1987. This Court accordingly had also held in the aforementioned order that promotion granted against the post of Supervisor Grade 1 was illegal and was rightly cancelled. In the opinion of this Court, the issue raised in this writ application stands squarely covered by order of this Court dated 8.5.1997 in Koshi Project Workers’ Association’ case (Supra) This writ application is disposed of in the same terms and the order dated 8.5.1997 passed in CWJC No. 2524 of 1996 and as a result thereof though the petitioners will not be entitled for grant of time bound promotion on any date prior to 27.3.1987 but then they shall not be subjected to any recovery for any amount already paid to them for the period 1.4.1981 to 27.3.1987. With the aforementioned observations and directions, this writ application is disposed of. Surendra/ (Mihir Kumar Jha, J.) 5