IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16030 of 2009 1. JANARDAN SINGH S/O LATE RAM AUTAR SINGH R/O VILL- KHANHAR, P.S. BEGUSARAI TOWN, DISTT. BEGUSARAI 2. HEERA LAL JAISWAL S/O RAM BILAS CHAUDHARY R/O VILL & P.O. LAKHO, DISTT. BEGUSARAI ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. SECRETARY CUM COMMISSIONER PRIMARY HEALTH SERVICE, BIHAR, PATNA 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER BEGUSARAI. ---- RESPONDENTS. ----------- 03. 15.03.2010 Heard both sides. Petitioners seek to challenge one of the conditions incorporated in the order dated 27.11.2007 (Annexure-3). The condition put in issue reads as under: ^^¼1½ lsok lekfIr ls ;ksxnku dh frfFk rd dh vof/k dk osru uks odZ uks is ds vk/kkj ns; ugha gksxk ijUrq mDr vof/k dh x.kuk ias'ku iznk;h ds :i esa dh tk;sxhA** ”” Petitioners were working as Basic Health Workers. Their services were terminated w.e.f. 17.06.2003. They challenged the said order before this Court by filing writ petition. Said petition was tagged along with L.P.A. No. 646 of 2003. This Court disposed of those matters by order dated 26.06.2006. It is agreed at the Bar that the matter was referred to a committee for re-evaluation/ re-examination/ re-scrutiny. After the said scrutiny was made the petitioners were permitted to join as Basic Health Workers, which they did on 12.11.2007. 2 Subsequent thereto, the present order has been passed. Learned counsel for the petitioners while assailing the said clause submits that the condition incorporated in the impugned order is illegal and prejudicial to the interests of the petitioners. It is next submitted that there is a statement in the writ petition that during this period (17.06.2003 to 12.11.2007), they were not gainfully employed. Learned counsel appearing on behalf of the respondents submits that the condition incorporated in the order permitting them to re-join the post after full verification/scrutiny was passed on 27.11.2007. There is no statement in the writ petition that the petitioners while joining the post under the said order made any objection thereto. In the submission of the counsel it is to late in the day to call in question the said condition which is otherwise based on sound principles of law. This Court finds from the writ petition that relevant orders/letters referred to in the impugned order are not on record. The recommendation of the committee is also not on record. The order passed on the writ petition filed by the petitioners is also not on record. Writ petition, therefore, suffers from deficient pleadings. This Court further finds the present relief appears to be grossly suffers from the vice of delay and laches. There is no explanation in the writ petition for delay in approaching the Court. Materials on record definitely indicate that the petitioners initially acquiesced in the condition in question as they were allowed to count the period in question for pensionary benefits. 3 For the reasons aforesaid, I find no merit in application which is, accordingly, dismissed. Sym ( Kishore K. Mandal, J.)