IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10848 of 2009 1. NAND LAL PD., S/O LATE KAMESHWAR PD., RESIDENT OF VILLAGE- DHIBAR GULARIA TOLA, POLICE STATION-PANDARAK, DISTT. PATNA. 2. CHHATRI RAI, S/O LATE DORIK RAI,RESIDENT OF VILLAGE-MOHANPUR, P.S.-KHODEWANTPUR, DISTRICT-BEGUSARAI. 3. UDAY CHANDRA LAL DAS, S/O BHUNESHWAR LAL DAS, RESIDENT OF VILLAGE-LADAHO, P.S.-BIROL, DISTT.- DARBHANGA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT,GOVERNMENT OF BIHAR, PATNA. 2. THE UNDER SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, SAMASTIPUR. 4. THE SUPERINTENDING ENGINEER, DRAINAGE CIRCLE, SAMASTIPUR. 5. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, HASANPUR, SAMASTIPUR. 6. THE SECRETARY,PERSONNEL ADMINISTRATIVE AND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 7. THE DEPUTY SECRETARY, PERSONNEL ADMINISTRATIVE AND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. ... ... RESPONDENTS. ----------- 2. 28.8.2009. Prayer of the petitioners for regularization was refused by the authorities in compliance of the orders of the writ court under order dated 11.2.2008 against which petitioners filed C.W.J.C. No.6273 of 2009, which was dismissed under orders dated 20.5.2009 (Annexure- 2), which is under challenge in L.P.A. No.883 of 2009. During pendency of the L.P.A. No.883 of - 2 - N.H./ 2009, in compliance of the orders of the Secretaries dated 11.12.2008, petitioners have been relieved of their engagement as daily wager under order bearing letter No.356 dated 25.7.2009 (Annexure-3), which is impugned in this writ petition. As the impugned order dated 25.7.2009 (Annexure-3) has been passed in continuation of the order dated 11.2.2008, which has already been affirmed by the writ court under orders dated 20.5.2009 (Annexure-2) and the challenge is pending in L.P.A. No.883 of 2009. This writ application challenging the subsequent relieving order dated 25.7.2009 (Annexure-3)appears to be misconceived as in the opinion of this Court, petitioners should challenge the order dated 25.7.2009 in the pending L.P.A. No.883 of 2009, which is filed against the order dated 11.2.2008 passed by the authorities affirmed by the writ court under orders dated 20.5.2009 (Annexure-2). This writ application is, accordingly, dismissed. ( V.N. Sinha,J.) - 3 -