IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1440 of 2009 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPTT. OF INDUSTRY, GOVT. OF BIHAR, PATNA Versus 1. RAMA RAMAN SINGH S/O SHRI RAJDEO SINGH R/O VILL.- MOMINDPUR, P.O.- FATUHA, DISTT.- PATNA 2. THE BIHAR STATE TEXTILE CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR HAVING ITS OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY ROAD, PATNA 3. THE MANAGING DIRECTOR, THE BIHAR STATE TEXTILE CORPORATION LTD. HAVING ITS OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY ROAD, PATNA 4. THE SIWAN CO-OPERATIVE SPINNING MILLS THROUGH ITS MANAGING DIRECTOR HAVING ITS HEAD OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY ROAD, PATNA 5. THE MANAGING DIRECTOR, THE SIWAN CO- OPERATIVE SPINNING MILLS HAVING ITS HEAD OFFICE AT 5TH FLOOR, LALIT BHAWAN, BAILEY ROAD, PATNA ----------- 8 20.6.2011 The present appeal has been filed against the order dated 10.9.2009 passed by the learned Single Judge in C.W.J.C. No.4511 of 2009, whereby a direction was given to absorb the petitioner, respondent herein in one of the department of the State Government on the ground that he was an employee of Siwan Co- operative Spinning Mills Limited and as the said Spinning Mills has became defunct and its other employees were absorbed in other Government services, the petitioner, respondent herein is also entitled for the same treatment. The matter was contested very vehemently by the appellant-department before the learned Single Judge. However, the learned Single Judge having gone into the merits of the case has not agreed with the contentions raised by the department that 2 the petitioner, respondent herein is not entitled for absorption in view of law laid down by the Apex Court in the case of ‘State of Assam Vs. Barak Upatyaka D.U. Karmachari anstha’ reported in (2009) 5 SCC 694. The learned Single Judge has further directed the department to absorb the petitioner in the same manner as other co-employees of the said Spinning Mills have been absorbed within a period of one month from the date of order. In the said order the learned Single Judge has also made it clear that the Siwan Co-operative Spinning Mills shall be responsible for compliance of orders passed by this Court. Before us it has been contented by the learned counsel appearing on behalf of the appellants that there is no policy decision of the State Government to absorb an employee of the defunct Spinning Mills. On the other hand, learned counsel appearing on the petitioner, respondent herein has contended that other employees of the said Spinning Mills have already been absorbed in the different departments of the State Government and as such the petitioner, respondent herein is also entitled for similar treatment. There should not be any discrimination on the ground that there is no any policy decision of the State Government to absorb the petitioner in the different departments of the State Government. We had the occasion to go through the judgment of the learned Single Judge. We are of the opinion that the judgment of the learned Single judge is well considered judgment on the facts 3 and law and warrants no interference at all. Accordingly, this L.P.A. is dismissed. Abhay Kumar ( T. Meena Kumari, J.) (Akhilesh Chandra, J.)