IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10660 of 1996 1. DEONANDAN RAI son of late Sukhdeo Rai, resident of village – Sahpur, P.O. + P.S. – Daudpur, District – Patna. 2. Surya Kumar Das son of Sri Raghubir Ram, resident of Village – Maner Nai Basti, P.O. + P.S. Maner, District – Patna. 3. Aditya Narayan Singh son of late Keshri Singh, resident of village + P.O. – Mathila, P.S. Koran Sariya, District – Patna. 4. Ramprit Sahani son of Jhingur Sahani, resident of village- Barkagaon, P.O. Jaitpur Kolwara, P S – Kanti, District – Muzaffarpur. 5. Jagdish Pandit son of late Sulchan Pandit, resident of Mohalla – Indra Nagar, in the town and district of Patna. 6. Ramanuj Pandit Sudhansu son of late Mahabir Pandit, resident of village & P.O. Bamana, P S – Jehanabad, District – Jehanabad. 7. Harihar son of late Ram Lakhan Ram, resident of village – Balia Kothitola, P.O. & P.S. – Nasrignaj, District – Rohtas. 8. Ramji Singh Yadav son of late Sobaru Singh Yadav, resident of village & P.O. Mathila, P.S. Koran Sariya, District – Buxar. 9. Sri Brajnandan Singh son of late Shivdhar Singh, resident of village & P.O. – Araha, P S – Madhepura, District – Madhepura. 10. Lok Nath Singh son of late Musafir Gope, resident of village – Bhawani Tola, P.O. Rampur Dira, P S – Maner, District – Patna. 11. Shyamdeo Rai son of late Bashawan Rai, resident of village & P.O. Anishabad, P S – Gardanibagh, District – Patna. 12. Dindayal Rai son of late Bifan Rai, resident of village - Suarmarwa, P.O. & P.S. Maner, District – Patna. 13. Murari Sharma son of Chandrika Sharma, resident of village & P.O. Parsawa, P S – Badh, District – Patna. 14. Ashok Kumar son of Ramayodhya Rai, resident of village & P.O. Mahinawa, P S – Maner, District – Patna. 15. Dinesh Singh son of late Ramavtar Singh, resident of village – Satyendra Nagar, P.O. Maner, District – Patna. 16. Balmiki Singh son of late Haro Singh, resident of village& P.O. Bhadokhara, P S – Mofussil Akona, District – Nawada. 17. Sharda Nandan Rai son of late Ramdas Rai, resident of village – Lekhan Tola, P.O. Parev (Koilwar), P S – Bihta, District – Patna. 18. Nawalkishore Prasad Singh son of late Basudeo Pd Singh, resident of village & P.O. – Sadanandpur, P S – Baliya, District – Baliya (U.P.). 19. Ramprit Singh son of late Kapil Mani Singh, resident of village & P.O. Bhyapur, P S – Maner, District – Patna. 20. Doman Pashwan son of late Ram Narayan Pashwan, resident of village – Lahaladpur Chowki, P.O. – Shaidabad, P S – Kanapa, District – Patna. 21. Gopal Prasad Gupta son of Sri Surendra Pd. Gupta, resident of village – Choti Badalpura, P.O. & P S – Khagaul, District – Patna. 22. Subash Sharma son of Sri Bagi Sharma, resident of Village & P.O. Amahara, P S – Bihata, District – Patna. 2 23. Nawal Kishore Gautam son of Sri Ranjan Singh, resident of village – Newari, via – Sakurabad, P S – Makhdumpur, District – Jehanabad. 24. Kamala Singh son of sri Rampukar Singh, resident of village – Janpara, P.O. Baraha, P S – Bikram, District – Patna. 25. Rajiv Kishore Prasad Singh son of Shri Shiv Kishore Singh, resident of village & P.O. Sewtar, P S – Atari, District – Gaya. 26. Kalika Mahato son of late Mani Mahato, resident of village – Daudpur, P O - Sahapur, P S – Daudpur, District – Patna. 27. Yadunandan Prasad Yadav son of late Sukhdeo Rai, resident of village – Sahpur, P O – Sahpur Daudpur, P S – Daudpur; District – Patna. 28. Dhanesh Prasad Singh son of Sri Rameshwar Singh, resident of village – Lodipur (Jivrakhan Tola), P.O. Biyapur, P S – Maner, District – Patna. 29. Kapildeo Prasad son of Shri Basdeo Ram, resident of village – Khajpura, P O – Veterinary College, P S – Gardanibagh, District – Patna. 30. Sant Kumar son of late Tapeshwar Sao, resident of village, P.O. and P.S. Daudpur, District – Patna. 31. Uma Shankar Singh son of late Jag Mohan Singh, resident of village – Olapur, P S – Pirpati, District – Bhagalpur. 32. Kaltu Mahato son of late Ramgulam Mahto, resident of village – Bariyapur, P O – Bakhtiyarpur, District – Patna. 33. Rajbalam Rai son of late Tura Rai, resident of village – Tarkaria Bazar, Danapur, P O – Danapur, District – Patna. 34. Ramanand Yadav son of late Sukhdeo Rai, resident of village – Sahpur, Mathiyapur, PO - Daudpur, District – Patna. 35. Chandrama Pandit son of late Lakshmi Narain Pandit, resident of village & P.O. Pandura Rampur, district – Bhojpur (Ara). 36. Lakshman Sharma son of late Baldoe Sharma, resident of village – Bari Shankh, Tola – Phulwaria, P.O. Rajora, District – Begusarai. 37. Rajeshwar Pd. Son of Sri Agnu Pd., resident of village – Sahpur, P.O. Daudpur, District – Patna. 38. Shiv Kumar Giri son of late Bishnugiri, resident of village – Milki, P.O. Khutaha, P S – Tarari, District – Bhojpur. 39. Bajrangi Sao son of late Bitu Sao, resident of village – Tapua, P.O. Bhuduchak, District – Bhagalpur. 40. Lakshman Singh son of late Akram Singh, resident of village and P.O. Mani, P S Bikramganj, District – Rohtas. 41. Dasarath Prasad son of late Yadu Singh, resident of village & P.O. Sorangpur, P S – Janipur, District – Patna. 42. Rajendra Singh son of late Deoki Singh, resident of village – Asopur, P O – Khagaul, P S – Danapur, District – Patna. 43. Chandradip Rai son of Sri Raghu Rai, resident of village – Sabajpur, P.O. Khagaul, P S – Danapur, District – Patna. 44. Sudarshan Prasad Singh son of late Musafir Singh, resident of village & P.O. Shankarpur (Imamganj) District – Jehanabad. 45. Md. Reyazuddin son of Md. Najamuddin, resident of village & P.O. Sakala Bazar, P S – Gorari, District – Rohtas. 3 46. Okil Singh son of late Ramsuder Singh, resident of village & P.O. Khaithekori, District – Bhojpur. 47. Nanhak Singh son of Sri Kailash Singh, resident of village – sakhuana, P O – Tullamchak, P S – Sahar, District – Bhojpur. 48. Sudama Rai son of late Charan Rai, resident of village – Sahpur Shivala, P.O. Sahpur, District – Patna. 49. Suresh Yadav son of late Dharamnath Yadav, resident of village – Khajpura, P O – Veterinary College, District – Patna. 50. Jitan Rai son of late Nathuni Rai, resident of village – Sikandrapur, Chandmari, P.O. Chandpur, District – Patna. 51. Rajendra Prasad Upadhya son of Sri Krishna Pd. Upadhya, resident of village – Digha Maharlakh, P O – Digha, District – Patna. 52. Rajendra Mahto son of late Jitan Mahato, resident of village – Choti Digha, Ramjichak, P.O. – Bataganj, District – Patna. 53. Sudarshan Rai son of late Janak Rai, resident of village – Mobarakpur Farm, P O – Danapur, District – Patna. 54. Ramautar Pd Yadav son of late Deonandan Yadav, resident of village – Ghurghurpur Tola, P.O. Neora, District – Patna. 55. Masudan Chaudhary son of late Ramdas Choudhary, resident of village – Digha Nahar Par, P.O. Digha, District – Patna. 56. Daroga Rai son of late Lakhan Rai, resident of village – Mobarakpur, P O & P S – Danapur, District – Patna. 57. Amar Mohan Sinha son of late Suresh Pd. Sinha, resident of Mohalla , P O & P.S. Murgichak, District – Munger. 58. Ramayan Choudhary son of late Bhola Choudhary resident of village – Pandeypur, P.O. Nimej, P S – Brahmpur, District – Buxar. Versus 1. STATE OF BIHAR through Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna. 3. Chief Engineer, Water Resources Department, Anishabad, Patna. 4. Superintending Engineer, Water Resources Department, Gaya-Sone Flood Protection Circle, Mithapur, Patna. 5. Executive Engineer, Sone Flood Protection, Bihta Division, Bihta, P S – Bihta, District – Patna. 6. Executive Engineer, Ganga Sone Flood Protection, Division-Digha, P S – Digha, District – Patna. 7. Executive Engineer, Sone Nahar, Flood Protection, Khagaul Division, Khagaul. 8. Secretary to Govt. of Bihar, Department of Personnel and Administrative Reforms. ----------- For the petitioners: M/S. P K Verma and S R Sharan. For the State: Mr. P K Singh, SC-21 and Amitabh Bhardweaj, AC to SC-21 -------- 15. 28.9.2010 There are many a petitioners not only in this writ application 4 which was originally filed but even intervenors have been allowed to be impleaded as petitioners. Whether they could be done, is yet another issue and the Court does not want to comment now at the stage of hearing. Origin of the entire dispute is the so-called engagement of these petitioners by various authorities of the Water Resources Department, Government of Bihar, on daily wages though they came in without any advertisement and without following any procedure for such engagement. One fact is not in dispute that they have continued to work under the respondents for many a decades now. Looking at the length of their service and association with the department at one point of time, the Court extended a kind of limited indulgence by directing the respondents to pay to the petitioners their wages in the minimum time scale of pay available to the post so long as they are retained in service. This order was recorded on 7.12.1998. Thereafter the petitioners have continued to work without being conferred permanency but with the minimum time scale of pay admissible to them. Writ was admitted for formal hearing as the Government was still trying to work out the modality with regard to these petitioners or similarly situated persons working in the said department as well as may be other departments as well. The writ has been finally taken up for hearing now when many a changes both in fact as well as in law has come about. One significant development is that the Constitutions Bench of the Supreme Court came to record its opinion in the case of 5 Uma Devi. After the said decision the State of Bihar has also formulated a policy which stands notified on 16th March, 2006. This policy has been formulated keeping in mind the observation of the Hon`ble Supreme Court in Uma Devi’s case. In addition to that, in reply to the supplementary counter affidavit filed by the State, the petitioners have brought on record the details of many a petitioners who are dead now as well as names of such persons who have already been given benefit of regularization though the same is not strictly in accordance with the seniority, as would be evident from certain annexures annexed to the said reply. In the totality, however, there is an agreement that there is a modality in place now to regularize the services of similarly situated persons , some of them have been accommodated and the exercise is not over as yet. Certain amount of adhocism at times may be there in conferment of the benefit looking at the large number of claimants and the fact that they are spread over across the State in various offices. But what ever be the reasons behind the same, this writ application is disposed of with a direction upon the Principal Secretary, Water Resources Department that keeping in mind the policy of the State and the earlier exercise carried out for conferment of the status of permanency on some of these employees, all these petitioners or intervenors in this case who are still alive and ought to be regularized, their case should be considered within a limited time-frame now. The exercise must be carried out and completed preferably within next six months since the Court is conscious of the engagement of State 6 administration in ensuing election in this regard. It is also recorded that since the petitioners have already been given the benefit of time scale of pay granted to them on 7.12.1998, it will be unfair to take away the benefit till the exercise in that regard is completed. The writ application is disposed of with the observation as above. rkp ( Ajay Kumar Tripathi, J.)