IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3508 of 2007 Md.Mustafa, SON OF LATE MD. YASIN, RESIDENT OF VILLAGE- BHAUWARA LAXMI SAGAR, P.S.- MADHUBANI, DISTRICT- MADHUBANI :---PETITIONER. Versus 1. The State Of Bihar 2. THE DISTRICT MAGISTRATE, MADHUBANI. 3. THE DISTRICT DEVELOPMENT COMMISSIONER, DISTRICT- MADHUBANI. 4. THE DISTRICT SUPERINTENDENT OF ENGINEER, DISTRICT- MADHUBANI. 5. THE S.D.O. JHANJHARPUR, DISTRICT- MADHUBANI. 6. THE B.D.O. JHANJHARPUR, DISTRICT- MADHUNI. 7. THE C.O. JHANJHARPUR, DISTRICT- MADHUBANI. 8. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, DISTRICT- MADHUBANI. 9. THE ASSISTANT ENGINEER MINOR IRRIGATION SUBDIVISION, JHANJHARPUR, DISTRICT- MADHUBANI :--- RESPONDENTS. ---------------------------------- 3. 16.09.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner was engaged to work as a Watchman in the godown of the Sub-Divisional Officer, Minor Irrigation, Jhanjharpur with effect from June, 1981. According to the petitioner he continued to discharge the duties of the Watchman in the aforesaid godown until 30.9.1996 but was paid wages until 20.1.1982. From 21.1.1982 he has not been paid wages although he served as Watchman in the godown until 30.9.1996. This writ petition has been filed for a direction to the Sub-Divisional Officer, Minor Irrigation, Jhanjharpur to make payment of the arrears of wages for the period between 21.1.1982- 30.9.1996. Further prayer is also made to consider the case of the petitioner for regularization in the light of 2 the Government circular to consider the regularization of the daily wage earners. 3. Aforesaid prayer is being refuted by the counsel for the State with reference to the averments made in the counter affidavit on the basis of the contents of Letter No. 734 dated 26th November, 1998 of the Executive Engineer, Minor Irrigation Division, Madhubani addressed to the Superintending Engineer, Minor Irrigation Circle, Darbhanga in response to the request of the Sub-Divisional Officer, Minor Irrigation, Jhanjharpur to make payment of wages to the petitioner for the period between 21.1.1982-30.6.1986. Such request of the Sub-Divisional Officer was not favourably considered and recommended by the Executive Engineer as no records indicating marking of attendance by the petitioner for the period between 21.1.1982-30.6.1986 was available in the Division although records were available to suggest discharge of duty by the petitioner from 1.7.1986 as has been reported by the Junior Engineer under Letter No. 0 dated 1.7.1986. The authorities desire that the prayer of the petitioner for arrears of wages be rejected on the basis of the non-availability of the attendance-sheet showing marking of attendance by the petitioner in the Division. Petitioner was working as a Watchman in the Sub-Division. His attendance-sheet must be available in the Sub-Division. 3 4. In the circumstances, I dispose of the writ petition directing the Executive Engineer to verify from the Attendance-Register maintained in the Sub- Division as to whether petitioner was present during the period between 21.1.1982-30.9.1996 in the Sub- Division and if he was so present and serving as Watchman in the godown of the Sub-Division, he be paid his arrears of wages for the said period. The other prayer of the petitioner for regularization be also considered in accordance with the resolution of the State Government as petitioner was engaged to serve as a Watchman in June, 1981 prior to the cut off date. Necessary order concerning the payment of arrears of wages be passed by the Executive Engineer after verifying the attendance record of the Sub-Division and if any wage is found due to the petitioner, same be paid as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Executive Engineer. The prayer of the petitioner for regularization be considered by the competent authority in the department within another three months. P.K.P. (V.N.Sinha,J.)