IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3558 of 2002 1.SUDARSHAN SAH S/O Sri Sakaldeep Sah R/O Vill- Hazipur,P.O.Kunathi, Distt-Jehanabad, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 2.Nageshwar Sharma S/O Late Shivdhari Sharma, R/O Kalyanpur, P.O.+District-Jamui, at present posted as Electrician Grade II in Minor Irrigation Department, Sub.Division-Jamui, District-Jamui. 3.Kedar Ram S/O Late Baso Ram, R/O village Kalyanpur, P.O.+ District-Jamui, at present posted as Choukidar in Minor Irrigation Department, Sub.Division-Jamui, District-Jamui. 4.Nagendra Rai S/O Late Ramashray Rai, R/O Vill-Rikholi, P.O.- Paktola,District-Sitamarhi, at present posted as a Choukidar in Minor Irrigation Department, Sub-Division Jamui, District-Jamui. 5. Nago Besara, S/O Late Chotan Besara, R/O Vill-Tengara, P.O.- Malaypur, District-Jamui, at present as Pump Operator in Minor Irrigation Department, Sub. Division Jamui, District-Jamui. 6. Ram Nagina Thakur, S/O Late Algu Thakur, R/O Vill-Bhoukhari, P.O.-Viso, District-Rohtash, at present posted as Choukidar in Minor Irrigation Department, Sub.Division Jamui, District-Jamui. 7. Satya Narain Mahto, S/O Arjun Mahto, R/O Vill-Dharharwa, P.O.chinpur, District-Mujaffarpur, at present posted as Choukidar in Minor Irrigation Department, Sub.- Division-Jamui, District- Jamui. 8.Vodhan Modi, S/O Late Jageshwar Modi, R/O Vill-Panbharawa, P.O.-Gadi Bishanpur, District-Jamui at present posted as Choukidar in Minor Irrigation Department, Sub.-Division-Jamui, District-Jamui. 9. Sanjay Kumar, S/O Late Jagdish Prasad Barnwal, R/O Vill- Panbharawa, P.O.-Gadi Bishanpur, District-Jamui, at present posted as Choukidar in Minor Irrigation Department Sub.Division- Jamui, District-Jamui. 10.Mahendra Mistri, S/O Ram Lakhan Mistri, R/O Vill-Hajipur, P.O.Milki, District-Nawada, at present posted as Choukidar in Minor Irrigation Department, Jamui, Jamui Sub.-Diovision. District-Jamui. 11.Shiva Pujan Singh, s/O Late Ram dhayan Singh, R/O Vill-+ Post- Korara, District-Patna, at present posted as Choukidar in Minor Irrigation Department, Sub.Division-Jhajha, District-Jamui. 12. Hari Narain Thakur, S/O Late Laxmi Thakur, R/O Vill-Jatuka, P.O.Bhandarikho,District-Darbhanga, at present posted as Choukidar in Minor Irrigation Department, Sub.Division-Jhajha, District-Jamui. 13. Shashi Nath Mandal, S/O Late Surya narain Mandal, R/O Vill- Gudiya, P.O.-Maduvapatti, District-Madhepura, at present posted as Choukidar in Minor Irrigation Department, Sub.-Division- Laxmipur, District-Jamui. 14. Arun Kumar Tiwari, S/O Vishnu Deo Tiwari, R/O Vill-Takat Pithari, P.S. Paigamberpur, District-Chhapra, Saran at present 2 posted as a Choukidar in Minor Irrigation Department Sub Division-Laxmipur, District-Jamui. 15. Ram Das Bhagat, S/O Late Gajadhar Bhagat, R/O Vill-+Post- Sangrampur, District-Banka, at present posted as Choukidar in Minor Irrigation Department, Sub.Division-Chakai, District-Jamui 16. Nageshwar Pandey, S/O Late Gajadhar Pandey, R/O Vill- Chirangi, P.O.-Sarsthi Batpar, District-Jamui, at present posted as Amin in Minor Irrigation Department, Sub.-Division-Chakai, District-Jamui. 17. Nakul Pandit, S/O Late Khuvi Pandit, R/O Vill- Ghaghara, P.O.-Kiyajori, District-Jamui, at present posted as Amin in Minor Irrigation Department, Sub.Division-Chakai, District-Jamui. 18.Hit Narain Jha S/O Late Tarakant Jha, R/O Vill-Sarisab, P.S.Benepatti, Distt-Madhubani, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Chakai, Distt-Jamui. 19.Vijay Kumar Yadav S/O Jitetar Yadav R/O Vill-Sighol, P.O-Lond, Distt-Nawada, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Chakai, Distt-Jamui. 20.Kapileshwar Yadav S/O Late Dukhi Yadav, R/O/Vill-Jatuka, P.O- Bandariso, Distt-Darbhanga, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 21.Navrangi Yadav S/O Late Dawarika Yadav R/O Vill+Post-Kewal, Distt-Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 22.Bachchu Singh S/O Late Chotu Singh R/O Vill+P.O-Dharampur, Distt-Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 23.Nutan Kumar Singh S/O Yogendra Prasad Singh, R/O-Vill- Dogachi,P.O-Tadar, Distt-Bhagalpur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 24.Kailash Singh S/O Late Bhulan Singh, R/O-Vill-Amsari, P.O.Amsari, Distt-Bhojpur, at present posted as a Work Inspector in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 25.Rajendra Pandit S/O Late Laxman Pandit, R/O Vill- Kalyanpur,P.O+Distt-Jamui, at present posted as a Work Inspector in Minor Irrigation Department, Sub Division-Laxmipur, Distt- Jamui. 26.Upendra Singh S/O Late Chandmohan Singh, R/O Vill-Kairkadi, P.O.Mangobandar, Distt-Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Laxmipur, Distt-Jamui. 27.Amir Chand Yadav S/O Shivparsan Singh, R/O Vill-Maniyantra, P.O.Belauar, Distt-Bhojpur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Laxmipur, Distt-Jamui. 28. Md.Suleman Ali S/O Late Md.Halim Ali, R/O Vill-Devachak, P.O.Malaypur, Distt- Jamui, at present posted as a Pump Operator in Minor Irrigation Department, Sub Division-Laxmipur, Distt- Jamui. 29.Ram Lakhan Singh S/O Munshi Singh, R/O Vill-Balia, P.O.Rajhat Akbarpur, Distt-Nawada, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Laxmipur, Distt-Jamui. 3 30.Parmanand Singh S/O Jagdambi Thakur, R/O Village-Gorgama, P.O.Distt-Samastipur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Laxmipur, Distt-Jamui. 31.Ram Chand Mandal S/O Late Mitan Mandal, R/O Vill-Etahari, P.O.Hardi Durgasthan, Distt-Saharsa, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 32.Tej Narain Dubey S/O Late Nand Kishore Dubey, R/O Vill-Milki, P.O.Chunni, Distt-Bhojpur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 33.Bhola Sah S/O Late Amrit Sah, R/O-Village-Nimarang, P.O+Distt- Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 34. Shiva kumar Prasad S/O Raghu Nath Mahlah, R/O-Vill-Barhaniya, P.O.Kothilawa, Distt-Kheria, (U.P), at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Sono, Distt-Jamui. 35.Sukh Deo Yadav S/O Mahabir Yadav, R/O-Vill-Darima, P.O-Gadi Bishanpur, Distt-Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. Versus 1.THE STATE OF BIHAR through Chief Secretary, Old Secretriat, Patna. 2.The Commissioner-cum-Secretary, Water Resources(Minor- Irrigation), Govt of Bihar, Patna. 3.The Chief Engineer, Minor Irrigation Department, Bhagalpur. 4.The Superintending Engineer, Minor Irrigation Department,Bhagalpur. 5.The Executive Engineer, Minor Irrigation Department, Jhaha, Distt-Jamui……………Respondents. ----------- For petitioners:-Mr. Rajeev Ranjan, Adv Mrs.Bela Singh, Adv. For State:-JC to G.A-5. 5/ 27-Nov-08 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners claim to be daily wage employees working in a Minor Irrigation Department, Sub Division Jamui. They have also claimed that subsequently they were taken into work charged establishment of the department and they moved this Court through present writ 4 petition in the year 2002 for regularization of their service on account of having worked since 1980, the department took a decision on 3.12.2003 to disengage the petitioners and a direction to that effect is contained in Annexure-11 which has been challenged through I.A. No.36/04. It is not clear from the averments on record whether pursuant to Annexure-11 the petitioners have been disengaged or not. On behalf of the petitioners it has been submitted that in recent past several similar cases involving issue of regularization of services of employees engaged for long number of years has been considered by the Division Bench in the light of judgment of the Apex Court in the case of Secretary of Karnataka & Ors Vs. Uma Devi (3)& Ors reported in (2006) 4 SCC 1 and other relevant cases. A copy of one such judgment dated 15th March, 2007 passed by a Division Bench in L.P.A. No.694/06 (State of Bihar Vs.Dayanand Sinha & Ors.) and 61 other analogous cases has been produced to show that even where the Single Judge had set aside the impugned orders with regard to 5 disengagement/retrenchment and removal the issue of regularization, as involved in the present case was referred by the Division Bench to a Committee of three Secretaries to be constituted by the Chief Secretary. The said judgment shows that similar matters have been remitted for consideration by such Committee with seven specific directions appearing in the last few pages of that judgment. Considering the aforesaid Division Bench judgment and the submissions of the parties, this writ petition is also disposed of with similar directions as contained in the judgment and order dated 15th March, 2007 in L.P.A No.694/06 and other analogous cases, noticed above. The respondents are expected to observe similar time schedule for disposal of petitioners’ case also in accordance with law. perwez (Shiva Kirti Singh, J.)