IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17621 of 2009 1. ARUN KUMAR MISHRA S/O LATERAMAKANT MISHRA R/O VILL-SUHMA, P.S-MATIHANI, DISTT- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE SERETARY, PUBLIC HELATH ENGINEERING DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE ENGINEER IN-CHIEF-CUM-SECRETARY, PUBLIC HELATH ENGINEERING DEPARTMENT, GOVT.OF BIHAR, PATNA 4. THE CHIEF ENGINEER (MECHANICAL) PUBLIC HELATH ENGINEERING DEPT. , GOVT. OF BIHAR, PATNA 5. THE REGIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPT. MUZAFFARPUR 6. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING DEPT. CIRCLE, DARBHANGA 7. THE EXECUTIVE ENGINEER, PUBLIC HELATH ENGINEERING DIVISON, BEGUSARAI ----------- 3/ 08/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. Despite the earlier order, no counter affidavit has been filed on behalf of the respondents. The petitioner contends that he was initially appointed on daily wages on 31.3.1982. He was then brought into the work charged establishment on 19.2.1988 and continued to work in that capacity till he was sought to be reverted to his status of daily wage on 1.4.2001. He then came to this Court in C.W.J.C. No.8211/02 which noticed his claim that he was sought to be reverted to the status of a daily wager after nearly 14 years in the work charged 2 establishment. In view of the earlier direction in C.W.J.C. No.8211/02, in terms of some orders of this Court the writ application came to be referred to the three man committee which has now rejected his claim by the impugned orders dated 1.12.2008 and 13.7.2009. The impugned orders appear to be rejecting his claim on the ground that his induction into the work charged establishment status was not in accordance with law and, therefore, his reversion to daily wage was justified. He did not fulfil the requisite conditions for absorption as a daily wager. The petitioner has, therefore, been non-suited from his status of work charged establishment reverted to the daily wager denied absorption. Relying upon a Division Bench judgement reported in 2007(1) P.L.J.R. 358 ( Koshi Project Worker’s Association & Anr. vs. The State of Bihar & Ors.) learned counsel for the petitioner submits that on expiry of the stipulated conditions under Government circulars as noticed therein computed from his induction into the work charged establishment on 19.2.1988 he automatically acquired the status of a regular employee long before the reversion purported to be done on 1.4.2001. The 3 Division Bench judgement is stated to have been followed by certain orders of this Court inter alia in C.W.J.C. No.14474/09 when the matter has been remanded to the authorities for consideration afresh in accordance with law. The respondents have therefore not considered the claim of the petitioner after consideration of all relevant materials. The impugned orders dated 1.12.2008 and 13.7.2009 are, therefore, set aside. The matter is remanded to the respondents to consider his claim in light of his claimed status of a work charged employee from 19.2.1988 and his contention that he acquired the status of a regular employee in terms of the Division Bench judgement noticed above on expiry of the time period and pass a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)