IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.791 of 2003 1. MUNNA PRASAD, SON OF SRI DEBA CHOUDHARY, RESIDENT OF VILLAGE- BIRBATH BAZAR, P.S.- UCHAKAGON, DISTRICT- GOPALGANJ, AT PRESENT WORKING ON PLUMBER MISTRY IN THE AGRICULTURE PRODUCE MARKET COMMITTEE, BIHATA, DISTT. PATNA. 2. RAMANUJ ROY, SON OF LATE RAM NATH ROY, RESIDENT OF VILLAGE- PUNCHMKHI, POLICE STATION- KOILWAR, DISTT. BHOJPUR, AT PRESENT WORKING AS ELECTRIC MISTRY IN THE AGRICULTURE PRODUCE MARKET COMMITTEE BIHATA, DISTT. PATNA:--PETITIONERS. Versus 1. THE MANAGING DIRECTOR, BIHAR STATE AGRICULTURE MARKETING BOARD, PANT BHAWAN, BAILY ROAD, PATNA. 2. THE REGIONAL DIRECTOR, BIHAR STATE MARKETING BOARD, PATNA. 3. THE SECRETARY AGRICULTURE, PRODUCE MARKET COMMITTEE, BIHATA, DISTT. PATNA :-- RESPONDENTS. ----------- For the petitioners : Mr. Madan Prasad Singh No. 2, Advocate. For the Board : Mr. B.K.Singh Chouhan, Advocate. ===== 3. 06.10.2010. Heard learned counsel for the petitioners and the counsel for the Bihar State Agriculture Marketing Board (Dissolved) (hereinafter referred to as the “Board”). 2. Petitioners served the Bihta Market Committee (hereinafter referred to as the “Committee”). They have filed this writ application against the order of the Managing Director of the Board dated 16.02.2002, Annexure-8, whereunder request of the Committee to grant approval to their appointment has not been considered on account of the stay order dated 08.12.1994 passed in C.W.J.C.No. 5922 of 1993. 3. It is submitted on behalf of the petitioners 2 that they were engaged to serve the Committee on daily wage basis with effect from 08.07.1973 and to that effect certificate has been annexed as Annexure-2 to this application. Considering their service rendered as daily- wager the Committee under resolution dated 22.4.1981, Annexure-1 resolved to appoint the petitioners in the pay-scale of Rs. 155-190/-. In the light of the resolution dated 23.12.1983, Annexure-3 the Appointment Committee of the Committee resolved to seek approval on the proposal of appointment of the petitioners from the Board. Having considered the request of the Committee to grant approval to the appointment of the petitioners the Regional Director of the Board under letter no. 1328 dated 09.12.1992 issued instruction to the Secretary of the Committee to release payment of salary to the petitioners in anticipation of the approval being granted by the Board. The letter of the Regional Director is contained in Annexure-4 to this application. 4. In the light of the instructions of the Regional Director when the proposal to grant approval to the appointment of the petitioners was not given then they approached this Court in C.W.J.C. No. 750 of 2000 which was disposed of under orders dated 28.09.2001, Annexure-7 directing the Board to consider the grievance of the petitioners and dispose of the same by a 3 reasoned order. In compliance of the aforesaid order dated 28.09.2001 order dated 16.02.2002, Annexure-8 has been passed that approval in the matter of appointment of the petitioners by the Board cannot be granted in view of the stay order dated 08.12.1994 passed by this Court in C.W.J.C.No. 5922 of 1993. During the pendency of the writ petition the legislature has enacted Bihar Agriculture Produce Market (Repealing) Act, 2006 (hereinafter referred to as the “Act”), Section 6 whereof provides as follows: “6. Absorption of officers and employees of Bihar Agriculture Marketing Board/Market Committee/Bazar Samiti.-(i) On and from the date of repeal of the Act, all officers and employees of the Board, shall remain in employment, as if the Act has not been repealed and they shall continue to be paid same salary and allowances as was payable on the date of repeal of the Act till such time State Government has taken such final decision as is provided hereafter. (ii) The State Government shall constitute a committee of Secretaries consisting of three Secretaries who shall prepare detailed scheme of absorption, 4 retirement, compulsory retirement or voluntary retirement, other service conditions of officers and employees of the Board and the Committee. Scheme prepared by group of Secretaries shall be placed before the State Government within two months from the date of enforcement of the present Act. The State Government shall thereafter approve the scheme: Provided that it shall be open to the State Government to modify, amend or suggest modification or amendment and the scheme thereafter shall be made operational in such form and intent as finally approved by the State Government. Scheme approved by the State Government shall be considered as statutory scheme framed under this Act. (iii) After the scheme approved by the State Government is enforced it shall be fully implemented in its form and intent within three months from the date of its enforcement. (iv) Group of Secretaries constituted under Sub Section (ii) above shall be competent to decide utility and deployment of 5 officers and employees of the Board or the Committee during transition period and it shall not be open to any officer or employee to question decision of group of Secretaries. (v) Scheme framed under this Act shall have effect, notwithstanding any other Act, Ordinance, Rule, regulation, direction, order or instruction and condition of service of officers and employees of the Board or the Committee, shall be governed and regulated under the scheme to the extent provision has been made in the scheme: Provided further that it shall be competent for the State Government to amend, modify, alter or substitute the scheme so framed for removal of difficulties in implementation of the scheme.” 5. On the date of enactment of the Act petitioners continued to serve the Committee. In the circumstances, their case is required to have been considered by the State Government for absorption as has been held by this Court under orders dated 27.08.2010 passed in C.W.J.C.No. 12641 of 2010 and other analogous matters. 6. This writ petition is, accordingly, disposed of 6 directing the authorities of the State Government to consider the case of the petitioners also for absorption, as has been directed under orders dated 27.08.2010 passed in C.W.J.C.No. 12641 of 2010 and other analogous matters. P.K.P. (V.N.Sinha,J.)