CIVIL WRIT JURISDICTION CASE No. 2290 OF 1995 WITH CIVIL WRIT JURISDICTION CASE NO. 3367 OF 1995 *** ( In the matter of an application under Articles 226 and 227 of the Constitution of India ) 1. SHRI RAM AUTAR SINGH, SON OF LATE JAG BAHADUR SINGH, RESIDENT OF VILLAGE NIZUARA, POST OFFICE MAURA, DISTRICT JAMUI 2. KAVINDRA RAM, SON OF SHRI BHULAN RAM, RESIDENT OF VILLAGE PATINTH, POST OFFICE KURTHA, DISTRICT JEHANABAD 3. SATYENDRA PRASAD SINGH, SON OF SHRI LALMUNI RAM, RESIDENT OF VILLAGE AND POST OFFICE GAURI, DISTRICT ROHTAS 4. DASARATH YADAV, SON OF LATE DHANESHWAR YADAV, RESIDENT OF VILLAGE MABIKURA BHIBA BAHIYA, POST OFFICE JHAJHA, DISTRICT JAMUI 5. GHANSHYAM SAH, SON OF SHRI MASUDAN SAH, RESIDENT OF VILAGE MAGARUADIH, POST OFFICE SONO, DISTRICT JAMUI 6. SHEOJI MAHTO, SON OF LATE PATHLU MAHTO, RESIDENT OF VILLAGE IMADPUR, POST OFFICE PATEPUR, DISTRICT VAISHALI 7. SUKHDEO YADAV, SON OF BAIJU YADAV, RESIDENT OF VILLAGE PACHPAHARI, POST OFFICE SONO, DISTRICT JAMUI 8. KAUSHAL KISHORE SINGH, SON OF SHRI BASUDEO SINGH, RESIDENT OF VILLAGE AND POST OFFICE TEMPATHA, DISTRICT KHAGARIA 9. SUKHDEO KAMAT, SON OF SHRI DHANESWAR KAMAT, RESIDENT OF VILLAGE AND POST OFFICE SIHAUL, DISTRICT SAHARSA 10. PRADIP KUMAR GUPTA, SON OF SHRI DHRUB PRASAD, RESIDENT OF VILLAGE AND POST OFFICE KATIHAR, DISTRICT KATIHAR 11. SHANKAR YADAV, SON OF SHRI MUNESHWAR YADAV, RESIDENT OF VILLAGE KAITHLA CHARKA PATHAR, POST OFFICE CHARKA PATHAR, DISTRICT JAMUI 12. VIJAY KUMAR RAI, SON FO SUDHIR KUMAR RAI, RESIDENT OF VILLAGE JAUGAI, POST OFFICE NARAGO, DISTRICT JAMUI 13. MOHAN MANDAL, SON OF SHRI BODHAN MANDAL, RESIDENT OF VILLAGE AND POST OFFICE SONO, DISTRICT JAMUI 14. PURAN SINGH, SON OF LATE PARO SINGH, RESIDENT OF VILLAGE BHOJAMAT, POST OFFICE BATIA, DISTRICT JAMUI 15. BODHAN MANDAL, SON OF LATE DAMRHI MANDAL, RESIDENT OF VILLAGE AND POST OFFICE SONO, DISTRICT JAMUI 16. LAXAMAN RAJAK, SON OF KALLU RAJAK, VILLAGE AND POST OFFICE MADHOPUR, DISTRICT JAMUI 17. BAMB SHANIKAR SAH, SON OF CHHEDI SAH, RESIDENT OF VILLAGE TITMO, POST OFFICE NAVADIH, DISTRICT DUMKA 18. RAJESH MEHTAR, SON OF LATE DHANI MEHTAR, RESIDENT OF VILLAGE AND POST OFFICE DEOGHAR, DISTRICT DEOGHAR 19. SMT. LALMUNI MEHTAR, DAUGHTER OF PARO MEHTAR, RESIDENT OF VILLAGE AND POST OFFICE DEOGHAR, DISTRICT DEOGHAR 2 ………………………………………………PETITIONERS (CWJC NO. 2290/1995) VERSUS 1. THE STATE OF BIHAR 2. SECRETARY –CUM- COMMISSIONER, WATER RESOURCES DEPARTMENT (IRRIGATION), GOVERNMENT OF BIHAR, SECRETARIATE, PATNA 3. CHIEF ENGINEER, DEPARTMENT OF WATER RESOURCES, IRRIGATION, DEOGHAR 4. SUPERINTENDING ENGINEER, DEPARTMENT OF WATER RESOURCES (IRRIGATION) AT BATTIA, DISTRICT JAMUI 5. EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION DIVISION, BATTIA, DISTRICT JAMUI 6. EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION DIVISION SONO, DISTRICT JAMUI …………………………………………RESPONDENTS (CWJC NO. 2290/1995) WITH SHRI BHARAT PRASWAN, SON OF LATE SHRI JANAK PASWAN, RESIDENT OF VILLAGE BARIYAPUR, NAYATOLA, POST OFFICE DARIYAPUR, POLICE STATION MUFFASSIL, DISTRICT MUNGER ……………………………………….PETITIONER (CWJC NO. 3367/1995) VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, WATER RESOURCES DEPARTMENT, (IRRIGATION), SECRETARIAT, BIHAR, PATNA 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT (IRRIGATION), DEOGHAR ZONE, DEOGHAR 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT (IRRIGATION), DEOGHAR 5. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, KATAHARATAR CAMP, BATTIA 6. THE SUB DIVISIONAL OFFICER, BATTIA SUB DIVISION NO. 2, BATTIA ………………………………………….RESPONDENTS (CWJC NO. 3367/1995) ******** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. The petitioners of these two writ applications are claiming regularization of their services in the Water 3 Resources Department (Irrigation). In the order dated 26.11.1998 passed in CWJC No. 2290 of 1995, it has been stated as follows:- “Learned Counsel for both the parties submit that both these writ petitions are identical in nature with CWJC No. 2167 of 1995 which has been heard and in respect of which judgment has been reserved. As such, let this matter and CWJC No. 3367 of 1995 be listed for hearing after the judgment is delivered in CWJC No. 2167 of 1995. “ 2. This Court has gone through the judgment and order passed in CWJC No. 2167 of 1995, delivered on 24th December, 1998. The writ application was dismissed and the persons who were appointed and working on the various pots in the Battia Circle, Deoghar zone in the Water Resources Department (Irrigation) were not regularized for the reasons mentioned in the judgment. The judgment passed in CWJC No. 2167 of 1995 was put to test by filing LPA No. 122 of 1999. The judgment of the learned Single Judge was upheld by the judgment dated 10th July, 2003. 3. In view of the aforesaid facts, the petitioners cannot claim regularization of their services in the Water Resources Department (Irrigation) specially in view of the judgment of the Supreme Court in the case of State of Karnataka vs. Uma Devi, reported in 2007 (3) SCC 1. 4 4. In the result, these applications are dismissed. There will be no order as to costs. ( Sheema Ali Khan, J.) PATNA HIGH COURT DATED 06th May, 2010 N.A.F.R./Anand