IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8596 of 2009 1. TEJ NARAYAN, SON OF SRI KAMLA SINGH, RESIDENT OF VILLAGE BHAISMARA, POST – MAKSUDANPUR, P.S. – TEKARI IN THE DISTRICT OF GAYA. 2. RAM KUMAR UPADHAYAY, SON OF LATE SHIV BALAK UPADHAYAY, RESIDENT OF VILLAGE DAULATPUR, POST MOHAMMADPUR, P.S. – KOILWAR IN THE DISTRICT OF BHOJPUR. 3. SATANAND SINGH SUDHAKAR, SON OF LATE RAM BHANAN SINGH, RESIDENT OF VILLAGE – KATESAR, POST ANANDPUR, P.S. – KARPI IN THE DISTRICT OF ARWAL. 4. MOHAN SINGH, SON OF LATE RAM DAYAL SINGH, RESIDENT OF VILLAGE AND P.O. – FULARI, P.S. – SANDESH IN THE DISTRICT OF BHOJPUR. 5. BINOD RAM, SON OF SRI RAM PRAVESH RAM, RESIDENT OF VILLAGE BURHPARAIYA, P.S. – PARAIA IN THE DISTRICT OF GAYA. 6. BHOLA PRASAD, SON OF LATE RAM KISHUN KEBAT, P.S. – RAJGIR IN THE DISTRICT OF NALANDA. 7. SATISH KUMAR, SON OF SRI RAM PRAKASH SINGH, RESIDENT OF VILLAGE KARISEWA, P.S. – WAJIRGANJ IN THE DISTRICT OF GAYA. 8. GOPAL KUMAR, SON OF LATE YUGAL JHA, RESIDENT OF VILLAGE + POST HARIPUR, P.S. – BAHERA IN THE DISTRICT OF DARBHANGA. 9. SRIKANT SHARMA, SON OF SRI KAPILDEO SINGH, RESIDENT OF VILLAGE + P.O. – PATIYAWA IN THE DISTRICT OF JEHANABAD. 10. SITARAM CHAUDHARY, SON OF SRI BALO CHAUDHARY, RESIDENT OF VILLAGE + P.O. – FATEHPUR, P.S. – FATEHPUR, DISTRICT – GAYA. 11. MANRUP RAM, SON OF SRI BHUNESHWAR RAM. RESIDENT OF VILLAGE – HARPUR LAKH, P.S. – SAHAR (CHAURI) IN THE DISTRICT OF BHOJPUR. 12. SHIV SHANKAR MISTRI, SON OF LATE GANGA BISHUN MISTRI, RESIDENT OF VILLAGE – KUJAD POST KUJARI, P.S. – CHANDAUTI IN THE DISTRICT OF GAYA. 13. AMIR SHARMA, SON OF LATE PARMESHWAR SHARMA, RESIDENT OF VILLAGE – SAHIA, P.S. – WAJIRGANJ IN THE DISTRICT OF GAYA. 14. GIRJANAND BAIDH, SON OF LATE RAMDHAN BAIDH, RESIDENT OF VILLAGE – HASANPUR, POST NIMSAR, P.S. – TEKARI IN THE DISTRICT OF GAYA. 15. ARBIND KUMAR, SON OF KAMESHWAR SINGH, RESIDENT OF VILLAGE KARAUNA, P.S. – WAJIRGANJ IN THE DISTRICT OF GAYA. 16. SHIVDANI PRASAD, SON OF SRI LAKHAN MAHTO, RESIDENT OF VILLAGE TILAIRA, P.S. – WAJIRGANJ IN THE DISTRICT OF GAYA. 2 17. RAMA SHANKAR SINGH, SON OF LATE GURU DAYAL SINGH, RESIDENT OF VILLAGE BARCHAITA POST TANKUPA, P.S. – TANKUPA IN THE DISTRICT OF GAYA. 18. JAWAHAR SINGH, SON OF SRI SHIVJEE SINGH, RESIDENT OF VILLAGE AND P.O. – DIDHA, P.S. – KOILWAR IN THE DISTRICT OF BHOJPUR. 19. KAMLA KANT PATHAK, SON OF LATE KAPILDEO PATHAK, RESIDENT OF VILLAGE LARAUA, POST AKBARPUR IN THE DISTRICT OF ARWAL (JEHANABAD). 20. KANHAI PRASAD, SON OF LATE SADHU SAO, RESIDENT OF VILLAGE KORMA, P.S. – CHNDAUTI IN THE DISTRICT OF GAYA. ALL POSTED UNDER THE EXECUTIVE ENGINEER, PHED DIVISION GAYA. ……………….. PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. VISHWESHWARAIYA BHAWAN, SECRETARIAT, PATNA. 4. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH AND ENGINEERING DEPARTMENT, GAYA CIRCLE, GAYA. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH AND ENGINEERING DIVISION, GAYA. …………………. RESPONDENTS. ----------- 02/ 24.07.2009 Heard learned counsel for the petitioners and the State. 2. Petitioners were initially engaged as daily wagers in the Public Health Engineering Division, Gaya. Later, they were taken in the work charge establishment of the same division and appreciating their work as daily wagers/ muster roll worker. They have been taken in work charge establishment of the same division and regularized with effect from 29.11.2006 under office order bearing no. 126 dated 28.12.2006, Annexure-10. 3. It is submitted on their behalf that others who were 3 engaged as muster roll worker after the petitioners have been regularized from an early date in the year, 2002, but the petitioners have been discriminated and have been regularized with effect from 29.11.2006. 3. Let petitioners file representation indicating the names of those who have been engaged after the petitioners but regularized prior to them. The representation should be considered by the Secretary, Public Health Engineering Department in accordance with law as early as possible in any case within two months from the date of filing of the representation. 4. This writ application is, accordingly, disposed of. DKS/ (V.N. Sinha, J.)