IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1700 of 2007 1. Udit Naraian Singh son of late Chandeshwar Prasad Singh 2. Balram Singh son of late Kewal Singh Both are resident of village Mahea P.O. Kurso Nadiami P.S. Sakatpur, Distt. Darbhanga …. …. Petitioners Versus 1. The State Of Bihar 2. The Joint Secretary, Govt. of Bihar, Old Secretariat, Bihar, Patna 3. The Excise Commissioner (Prohibition), Govt. of Bihar, Old Secretariat, Bihar, Patna 4. The Secretary to the Excise Commissioner, Govt. of Bihar, Old Secretariat, Bihar, Patna 5. The Excise Superintendent, Madhubani .. Respondents ---------------------------------- For the Petitioners :Mr. Ajit Kumar Singh, Advocate For the State :Mr. Rabindra Kumar Priyadarshi, A.C. to AAG-1 04/ 11.08.2011 Learned counsel for the petitioners is permitted to correct C.W.J.C. number in Annexure-1 to the writ petition. 2. Heard learned counsel for the petitioners and the State. 3. Petitioners earlier served as Excise Constable under Superintendent, Excise, Samastipur for a brief period and thereafter removed. 4. This writ petition has been filed by the petitioners questioning the order bearing Letter No. 3366 dated 9.8.2006, Annexure-5 issued under the signature of the Secretary to Commissioner Excise, Bihar, whereunder 2 request of petitioner no. 1 for absorption as Excise Constable in compliance of the orders of the High Court passed in C.W.J.C. No. 7429 of 1997, Annexure-1 has been rejected holding that the case of petitioner no.1 is not covered by the direction(s) of this Court passed in the case of Udit Narayan Singh Vrs. State of Bihar and others bearing C.W.J.C. No. 5650 of 1988. Aforesaid Annexure- 5, however, does not indicate the reasons in support of the finding that the case of the petitioner no.1 is not covered by the direction of the High Court passed in C.W.J.C. No. 5650 of 1988. 5. In paragraph 12 of the writ petition, counsel for the petitioners has specifically stated that the case of the petitioners is similar to the case of one Bishwanath Singh, who was also initially engaged as Excise Constable for a brief period, but thereafter regularized as Excise Constable in compliance of the orders of the High Court passed in C.W.J.C. No. 5650 of 1988. 6. In reply to paragraph 12 of the writ petition, counter affidavit only states that Bishwanath Singh after his regularization has been transferred to Jharkhand State and steps are being taken to call for his service book, which has not been made available so far so as to enable the authorities to compare the case of the petitioners with 3 that of Bishwanath Singh. 7. The order rejecting the request of petitioner no.1, Udit Narain Singh for regularization as Excise Constable dated 9.8.2006, Annexure-5 should have been passed after comparing his case with the case of Bishwanath Singh. The order having been passed without such comparison suffers from the vice of arbitrariness and is, accordingly, quashed directing the authorities of the Excise Department, Bihar, Patna to consider the case of the petitioners for absorption in the light of the order of the High Court passed in the Case of Udit Narayan Singh Vrs. State of Bihar and others bearing C.W.J.C. No. 5650 of 1988 in view of the action taken by the authorities of the Excise Department, Bihar themselves in the case of Bishwanath Singh referred to in paragraph 12 of the writ petition and paragraph 14 of the counter affidavit as early as possible, in any case within a period of three months from the date of receipt/ production of a copy of this order. Arjun/ ( V. N. Sinha, J.)