IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2658 of 2007 Devendra Singh, SON OF LATE KARU SINGH, RESIDENT OF VILLAGE- ANANDPURA, P.O.- KAJIGANJ, P.S. AND DISTRICT- NAWADA :---PETITIONER. Versus 1. The State Of Bihar 2. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, ANISHABAD BYE PASS ROAD, PATNA. 3. THE SUPERINTENDING ENGINEER, FLOOD CONTROL DIVISION, MOKAMA CAMP BAKHTIYARPUR, DISTRICT- PATNA. 4. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, MOKAMA CAMP BAKHTIYARPUR, DISTRICT- PATNA. 5. THE ENGINEER-IN-CHIEF, IRRIGATION DEPARTMENT, SINCHAI BHAWAN, PATNA :---RESPONDENTS. ---------------------------------- For the petitioner : M/S JANARDAN SINGH, AKHILESH KUMAR, SUDHA AMBASTHA, ADVOCATES. For the State : G.P. 21 2. 29.08.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order bearing Letter No. 932 dated 20.09.2004, Annexure-1, whereunder the Executive Engineer, Flood Control Division, Mokama Camp, Bakhtiyarpur has terminated the engagement of the petitioner with effect from 20.09.2004 afternoon after complying the provisions of Section 25F of the Industrial Disputes Act on the ground that he was engaged from 15.6.1987 i.e. after the cut off date 01.08.1985 and is required to be removed in compliance of the order of the Personnel Department contained in Letter No. 8642 dated 09.08.2004 and Water Resource 2 Department Chief Engineer Letter No. 5864 dated 03.09.2004 in terms whereof any muster roll worker engaged after the cut off date 01.08.1985 be removed. 3. Counsel for the petitioner has challenged the aforesaid order on the ground that others who were engaged along with the petitioner after the cut off date and reinstated like the petitioner in compliance of the Award of the Labour Court dated 14.2.1997 passed in Reference Case No. 4 of 1995, Annexure-3 series are still continued in the engagement of the State but it is only the petitioner who has been discriminated by removing him from the engagement although there is hardly any dissimilarity between the case of the petitioner and others reinstated in compliance of the Award dated 14.2.1997. It is further submitted on behalf of the petitioner that Government itself has extended the cut off date for considering the regularization of its daily wage employees under Resolution No. 489 dated 10.5.2005, Annexure-5 series. 4. The State-respondents having extended the cut off date for regularizing the engagement of the muster roll workers under Resolution dated 3 10.5.2005, in my opinion, are required to consider the regularization of the petitioner taking into account his service from 15.6.1987-20.09.2004 in the light of the Resolution of the Government bearing Memo No. 489 dated 10.5.2005. 5. Accordingly, this writ petition is disposed of directing the Engineer-in-Chief of the Water Resource Department to consider the case of the petitioner for regularization in the light of the resolution of the Government bearing memo No. 489 dated 10.5.2005 notwithstanding the termination of his engagement made under Letter No. 932 dated 20.9.2004, Annexure-1. Necessary consideration in compliance of this order be made as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Engineer-in-Chief, Water Resource Department. P.K.P. (V.N.Sinha,J.)