IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17952 of 2010 1. DIWAKAR PRASAD MANDAL S/O SRI MANESHWAR PRASAD MANDAL R/O VILL FAJELIGANJ, P.O.TARAPUR, P.S.TARAPUR, DISTT-MUNGER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT NEW SECRETARIAT, PATNA 2. THE CHIEF ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT BHAGALPUR ZONE, BHAGALPUR 3. THE SUPERINTENDING ENGINEER , PUBLIC HEALTH ENGINEERING DEPARTMENT MUNGER CIRCLE, MUNGER 4. THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT MUNGER DIVISION, MUNGER 5. THE SUB DIVISIONAL OFFICER, PUBLIC HEALTH ENGINEERING DEPARTMENT SUB DIVISIONAL OFFICE, HAVELI KHARAGPUR, MUNGER ----------- 2. 20.06.2011 Heard learned Counsel for the petitioner and the learned AAG VIII for the State. The reversion of the petitioner from a Class III to Class IV post led to the institution of CWJC No. 3779 of 2006.This Court on 9.8.2010 observed that the petitioner had made out a prima-facie case. The impugned order was quashed. The petitioner then filed a representation on 18.9.2010 before the Executive Engineer, Public Health Engineering Division, Munger seeking reinstatement on a Class III post along with all arrears of salary etc. specifying that he was suffering great economic hardship. Learned Counsel for the petitioner submits that consequent to the reversion the petitioner had no option but to work on a Class IV post. The arrears of Class III post from the date of reversion up to date minus difference of pay paid to the petitioner as Class IV employee still remains elusive for the petitioner. The writ petition was filed as far back as 28.10.2010 on that limited issue. Unfortunately no counter affidavit has been filed on behalf of the respondents despite passage of more than reasonable time in the very limited nature of controversy. Had the respondents filed a counter affidavit realizing their duty to assist this Court in timely dispensation of justice perhaps the present litigation could have been brought to finality today. Learned AAG VIII produces an order dated 15.3.2011 bearing letter no. 17 issued by the office of Superintending Engineer, Public Health Engineering Division at Munger. A copy of the same has been handed over to the Learned Counsel for the petitioner also. The copy produced by the learned AAG has been kept on the record. The order states that the petitioner is being reinstated on a Class III post and is directed to join in the Public Health Engineering Division at Munger. The apprehension of the Counsel for the petitioner that the order speaks of ‘appointment’ is misconceived. The language has to be noticed in the background of the controversy where it can be understood as ‘reinstatement’ only, with an element of continuity. The petitioner had represented for arrears on 18.9.2010 itself much prior to the present order of reinstatement dated 15.3.2011. Prudence required the Superintending Engineer to pass a composite order and not to leave the preverbial tail in the order to generate further litigation which he appears to be doing imposing unnecessary financial burden on the State Government and this Court. The Court does not accede to the request of the AAG that the Superintending Engineer be directed to pass further consequential orders for payment which in any event appears difficult for the State to defend. Given the conduct of the Superintending Engineer this Court directs the Chief Engineer, Public Health Engineering Department to ensure that the Superintending Engineer complies his own order fully by furnishing all arrears of salary to be paid to the petitioner positively within a maximum period of three months from the date of receipt and/or production of a copy of this order, minus the payments already made. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)