IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3162 OF 2008 1. KANHAIYA DUBEY, SON OF BANGALI DUBEY, RESIDENT OF VILLAGE RULHI NIZMA, POLICE STATION MANJHAULIYA, DISTRICT WEST CHAMPARAN 2. CHANDRIKA SINGH, SON OF LATE DHANRAJ RAI, RESIDENT OF VILLAGE RAJABHAR, POLICE STATION MANJHAULIYA, DISTRICT WEST CHAMPARAN 3. RAM PRASAD SAH, SON OF LATE BHAGOLU SAH, RESIDENT OF VILLAGE BISAMBHARA, POLICE STATION MANJHAULIYA, DISTRICT WEST CHAMPARAN 4. RAGHU RAI, SON OF LATE KULDEO RAI, RESIDENT OF VILLAGE RULAI, POLICE STATION MANJHAULIYA, DISTRICT WEST CHAMPARAN 5. YOGENDRA GIRI, SON OF MAHENDRA GIRI, RESIDENT OF VILLAGE GAIRI, POLICE STATION NAUTAN, DISTRICT WEST CHAMPARAN 6. BIJAY KUMAR SINGH, SON OF LATE RAJ NANDAN SINGH, RESIDENT OF VILLAGE RAJABHAR, POLICE STATION MANJHAULIYA, DISTRICT WEST CHAMPARAN 7. GANESH SINGH, SON OF LATE THAKUR SINGH, RESIDENT OF VILLAGE RAMPURWA, POLICE STATION CHANPATIYA, DISTRICT WEST CHAMPARAN ………………………..…………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, WATER RESOURCES, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE CHIEF ENGINEER, WATER RESOURCES, MINOR IRRIGATION DEPARTMENT, MUZAFFARPUR 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES, MINOR IRRIGATION DEPARTMENT, MUZAFFARPUR 5. THE EXECUTIVE ENGINEER, WATER RESOURCES, MINOR IRRIGATION DIVISION, BETTIAH, DISTRICT WEST CHAMPARAN ………………………………………………………………………………RESPONDENTS ********* 2 05/04/2011 The petitioners were working as daily wages Chowkidars and were posted at different places during their tenure. The Liability Committee had considered the cases of the petitioners for payment of daily wages and rejected it on the ground that the attendance register was 2 not sent within time and that the attendance register was in the possession of the petitioners. In the present case, the fact remains that the attendance register was produced by the petitioner to show that he was working on the said post for the period mentioned in the attendance register. These facts aforesaid are covered by a decision of this Court passed in CWJC No. 6868 of 2003. In fact, the case of the petitioners stands on better footing as it is not doubted that the attendance register bears the signature of the petitioner and that it was duly produced. The fact that the attendance registered was not produced within time, cannot go against the petitioners as it ought to have been produced by the concerned authority who was Incharge. In similar circumstances, this Court has ordered that the Secretary of the Department should reconsider the matter and pass an appropriate order and direct the authorities to make payment of the wages to the petitioner for the period that they had been shown to have worked in the report of the Liability Committee. In the circumstances, this writ application is disposed of in the aforesaid terms with further direction to the petitioners to produce a copy of this order before the Principal Secretary, Minor Irrigation Department, within a period of four weeks from the date of receipt of a 3 copy of this order and the Principal Secretary will pass orders within a period of six months thereafter. It is also directed that the authorities concerned should expedite the payment as these petitioners have been deprived of their dues and had to approach this Court time and again for grant of reliefs. Anand ( Sheema Ali Khan, J. )