IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4610 of 1996 RAM KUMAR SINGH, son of Sri Muneshwar Singh, resident of village Nima, P.S. and District Aurangabad at present Junior Mechanic Grade I Mechanical Division Smachalit Workshop, Gandak Project Balmikinagar, West Champaran … Petitioner Versus 1. THE STATE OF BIHAR, through Commissioner cum Secretary Water Resources Department, Bihar, Patna 2. The Chief Engineer, Mechanical Division, Old Secretariat, Bihar, Patna 3. The Executive Engineer, Mechanical Division Gandak Project, Valmikinagar, West Champaran 4. The Superintending Engineer, Mechanical Water Resources Department, Sherpur, Muzaffarpur 5. Deputy Secretary, Water Resources Department, Govt. of Bihar, Patna … Respondents ----------- 7. 9.5.2011 Having heard Mr. Taranath Jha, learned counsel for the petitioner and the counsel for the State as with regard to the following relief:- "That this is an application for issuance of a writ in the nature of certiorari for quashing the order issued vide memo no. 455 dated 28.02.96 under the signature of the Respondent no. 6 under which the promotion of the petitioner on the post of Junior Mechanic Grade-I was cancelled and further for issuance of an appropriate writ order and direction directing the respondents not to interfere with the proper and regular functioning of the petitioner as Junior Mechanic 2 Grade-I and further not to disturb the payment of salary as Junior Mechanic Grade-I save and except in accordance with law." this Court would not find any flaw in the impugned order holding that the work charge employee can not claim promotion in work charge establishment. Mr. Jha, however, would submit that as a matter of fact service of the petitioner, who had entered as work charge employee in the year 1966 will be deemed to have been regularized on account of his long continuation and hence, all promotions given to the petitioner in capacity of a work charge employee would be also sustainable. In view of the fact that the whole crux of the matter would rest on the factum of the petitioner being regularized in service and that a work charge employee will not be entitled for his promotion in the work charge establishment, this Court would give liberty to the petitioner to demonstrate before the competent authority, namely, the Engineer-in-Chief of Irrigation Department that his promotions during his 3 continuation in working charge establishment were defendable. Let it be however made clear that as the same issue was also earlier remitted by this Court by giving certain liberty to the petitioner, the earlier direction given by this Court would remain intact and undisturbed and the Engineer-in-Chief would decide the matter objectively without being prejudiced by his earlier order and also by taking into account that the petitioner has already retired from service. With the aforesaid observations and direction, this application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/