IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15227 of 2009 1. DENESHWAR OJHA S/O LATE BABURAM OJHA VILL.- BELWAN MATHIAN, P.S. + P.O. - MANIARA KOTHI, GOPALGANJ, PRESENTLY POSTED AS NAL-KUP KHALASI CUM CHAUKIDAR P.H. DIVISION, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE SECRETARY GOVERNMENT OF BIHAR, PATNA 3. THE CHIEF ENGINEER (MECHANICAL) PUBLIC HEALTH ENGINEERING DEPARTMENT, BIHAR, PATNA 4. THE ENGINEERING IN CHIEF P.H.E.D., GOVERNMENT OF BIHAR, PATNA 5. THE EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION, GOPALGANJ 6. THE SUPERINTENDING ENGINEER PUBLIC HEALTH CIRCLE CHAPRA ----------- 2 27.11.2009 Heard learned counsel for the petitioner and the State. The petitioner was appointed on daily wages in August, 1980. On 11.5.1988 he was inducted in the work charge establishment. He was then sought to be reverted to the status of daily wager when he came to this Court in C.W.J.C. No. 6542 of 2002 (Ganga Sagar Singh & Ors. vs. The State of Bihar & Ors.) which came to be disposed on 13.7.2006 with a large number of analogous cases directing consideration for regularization as a one time measure. In pursuance thereof, the petitioner was brought into the regular establishment on 25.1.2007 by letter No. 6 in which his name figured at serial No. 23 declaring that he had been absorbed. The grievance is that after having given him regular status and having commenced payment of salary accordingly, suddenly since August, 2008 in pursuance of certain verbal orders he is being treated as a daily wager and is being paid accordingly. He has represented on 15.10.2008 stating that there are no allegations against him. 2 Learned counsel for the State refers to Annexure-9 to the supplementary affidavit to submit that there was another list dated 24.3.2008 in which the name of the petitioner does not figure as a regularized person. The letter dated 31.5.2008 at Annexure-9 in the very opening lines itself acknowledges that the petitioner had been absorbed on a newly created sanctioned post with reference to an earlier decision dated 28.11.2006. If the petitioner was already absorbed, before he can be deprived of the said benefits, he has to be given a show cause notice with an opportunity to meet the grounds against him and only then his status be changed. This application is disposed with direction that till such time that the order of his absorption dated 28.11.2006/25.1.2007 is not recalled or altered in accordance with law after adequate opportunity to the petitioner, the respondents are directed to accord him the status and treatment as granted to him by them after application of mind with all consequential benefits. The writ application stands allowed. Let appropriate decision by a reasoned and speaking order be taken and the legitimate dues, if any, be paid within a maximum period of two months from the date of receipt/production of a copy of this order. P. Kumar (Navin Sinha, J.)