IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 10627 of 2006 Suresh Baitha, son of late Faguni Baitha, resident of Kotiya Harisham Tola Kanpatti, P S – Mehashi, District – East Champaran- Petitioner Versus 1 The State of Bihar through Secretary, PHED, State of Bihar, Patna 2 The Chief Engineer, PHED, Patna 3 The Superintending Engineer, PHED, Bettiah 4 The Executive Engineer, PHED, Bettiah 5 The Sub Divisional Officer, PHED, Narkatiaganj, West Champaran - Respondents ----------- 2 03.12.2010 The petitioner has filed this application stating that he was engaged as casual daily rated worker on muster roll in the Public Health Engineering Department (PHED) in the district of West Champaran. He states that as per Government policy decision, a panel had to be prepared of all such daily wages casual employees for their permanent absorption as and when occasion arose. When the panel was made and published, he found his name missing though people who worked on muster roll much after him were named therein. In the counter affidavit, it is stated that petitioner’s name was not included as he was not a muster roll employee. Petitioner has filed a rejoinder in which he has annexed copies of muster roll which clearly showed that in 1989, petitioner was daily paid as a muster roll employee. It may be noticed that in the counter affidavit, in paragraph- 10, it is categorically staid that during the period 08.10.1988 to 24.07.1990, no payment is reflected as per record to the petitioner as a muster roll employee. This is controverted by the petitioner who has annexed payment charts in that respect clearly showing that in February and March 1989, he had received payments as a muster roll employee. 2 In my view, these are disputed questions which cannot be adjudicated upon by this Court in these summary proceedings. I, accordingly, direct the petitioner to make a representation with proof to the Executive Engineer, PHED, Bettiah for inclusion of his name as per seniority if he is eligible to be considered to be placed in the panel. These are matters for authorities to enquire into and pass appropriate orders within one month on production of a copy of this order before the Executive Engineer concerned. With this observation and direction, this application is disposed of. M.E.H./ (Navaniti Prasad Singh)