IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22342 of 2011 1. Mahesh Prasad No.2 S/O Sri Ram Chiji Yadav R/O Village- Jaijor, P.S- Andar, Dist-Siwan. 2. Salauddin @ Md.Salaudin S/O Abdul Majid R/O Village- Daroga Hata, P.S- Muffassil, Dist- Siwan. 3. Ramayan Ram S/O Mangani Ram R/O Village-Pokharada, P.S- Pachrukhi, Dist- Siwan. 4. Santosh Kumar S/O Late Sahashi Bhushan Prasad R/O Village- Barhan, P.S- Hussainganj, Dist- Siwan. 5. Harishchandra Choudhary S/O Late Suraj Deo Choudhary R/O Village- Ranipur, P.S- Badhaharia, Dist- Siwan. 6. Chandeshwar Parasad S/O Sri Dhonel Choudhary R/O Village- Ranipura, P.S- Badhaharia, Dist- Siwan. 7. Sudama Manjhi S/O Late Manjhi R/O Village- Barahan Gopal, P.S- Siwan, Dist- Siwan. Petitioners Versus 1. The State of Bihar through the Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2. The Chief Engineer, PHED, New Secretariat, Patna. 3. The Superintending Engineer, Public Health Engineer Circle, Chapra. 4. The Executive Engineer, Public Health Division, Siwan. 5. The Special Officer, PHED, Govt. o f Bihar, New Secretariat, Patna , Bihar. Respondents. ---------------------------------- 02 16.12.2011 The present writ petition has been filed for a direction to the respondents to absorb the petitioners since the date of their termination from service as work charge regular establishment and for payment of consequential benefits along with arrears of salary. Learned counsel for the petitioners invites attention to earlier order dated 13.7.2006 (Annexure-6) passed by this Court in CWJC No.7359 of 2002 and analogous cases (including the petitioners) as also the judgment of the Apex Court in M. L. Kesari’s case [2010(6) Supreme 262]. He further relies on a decision of this Court rendered on 9.3.2011 2 in CWJC No.10243 of 2006 which in turn is based upon a decision of the Apex Court in Civil Appeal No.3486 of 2006. Learned counsel for the State is present and has been heard. With the consent of the parties this writ petition is being disposed of with the liberty to the petitioners to file a fresh representation before the Chief Engineer, P.H.E.D., New Secretariat, Patna (Respondent no.2), who shall consider and dispose of the petitioners’ representation along with the earlier one as forwarded under letter No.590/Siwan dated 7.11.2006 by the Executive Engineer, Public Health Division, Siwan (Respondent no.4), in the light of the aforementioned decisions of the Apex Court as well as by this Court and a final speaking order be passed expeditiously after hearing the parties in accordance with law. With the above observation this writ petition stands disposed of. Chandran (Vikash Jain, J.)