IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3377 of 1998 1. Bharat Singh, S/o Late Rajpati Singh, resident of village Akolhi, P.S. Siwan Town, District- Siwan. 2. Raghav Dubey, son of Ram Janam Dubey, resident of village Harpur, P.S. Raghunathpur, District- Siwan. 3. Uma Shankar Dubey, S/o Indradeo Dubey, resident of village Bindusar, P.S. Siwan Town, Dist.- Siwan. 4. Akshwar Upadhaya, S/o Bijay Upadhaya, resident of village Silauta Bangra, Police Station Maharajganj, District- Siwan. 5. Mohammad Afjal, Son of Abdul Kalim, resident of village Chintamanpur, P.S. Motihari, District- Motihari. 6. Shankar Prasad Tiwary, Son of Gopaljee Tiwary, resident of village Singarpatti, P.S. Husainganj, District- Siwan. 7. Indrasan Prasad S/o Ram Barai Choudhary, resident of village Kandhawara, P.S. Siwan, District- Siwan. 8. Kanhaiya Singh, S/o Late Ram Pratap Singh, resident of Marwat, Police Station Ekma, District- Siwan. 9. Pravin Manjhi, son of Nagina Manjhi, resident of village Bindusar Buzurg, Police Station Siwan Town, District- Siwan. 10. Sadanand Ram, S/o Late Ramker Ram, resident of village Amadpur, P.S. Ghazipur, District- Ghazipuri. 11. Bishwanath Singh, son of Tapan Singh, resident of village Sisawaniya, P.S. Mirganj, District- Gopalganj. 12. Bhanu Pratap Singh, son of late Subedar Singh, resident of Kachanar, P.S. Siswan, District- Siwan. 13. Kameshwar Dubey, S/o Late Radha Raman Dubedi, resident of Guthani, P.S. Guthani, Distt- Siwan. 14. Ramashish Singh, son of Chandrika Singh, resident of Siwan Town, P.S. and Distt.- Siwan. 15. Umesh Prasad Singh, Son of Late Rajendra Prasad Singh, resident of Paimarghat, Police Station Punpun, District- Patna. 16. Kamla Prasad Singh, son of Ram Sakal Singh, resident of village Badalpura, Police station Chapra, District- Saran. 17. Shambhu Pandey son of Bishwanath Pandey, resident of Balia Pokhra, Police Station Maharajganj, District- Siwan. 18. Dinanath Prasad, S/o Late Jai Karan Prasad, resident of village Chhapia Buzurg, Police station Hussainganj, District- Siwan. 2 19. Ganga Sagar Prasad, son of Dwarika Prasad, resident of village Lasuaar, Police station Daulatpur, District- Saran. 20. Uma Charan Pandey, son of Late Shri Nath Pandey, resident of village Choubhariya, P.S. Mairwa, District- Siwan. 21. Radha Krishna Pandey, S/o Late Deonath Pandey, resident of village Choubhariya, P.S. Mairwa, District- Siwan. 22. Pati Ram Singh son of Kishun Singh, resident of village Kachonar, P.S. Siswan, District- Siwan. 23. Vasaratulahha son of Late Md. Bakar, resident of village Hassanpur, Police Station M.H. Nagar, District- Siwan. 24. Sunil Kumar Tiwary, S/o Satrughan Tiwary, resident of village Bangre Ki Bari, P.S. Siswan, District- Siwan. 25. Rajnath Yadav, S/o Late Ramika Yadav, resident of village Sahuli, P.S. Husainganj, District- Siwan. 26. Iftkhar Imam, son of Yakub Ahmad, resident of village Chakdin, P.S. and District- Nalanda. 27. Md. Jalil, son of Late Md. Khalil, resident of village Dakin, Tola Siwan, P.S. and District- Siwan. . . . . . . Petitioners. Versus 1. The State Of Bihar 2. The Engineer-in-Chief, Minor Irrigation, Bihar, Patna. 3. The Chief Engineer, Minor Irrigation, Division, Siwan, H.Q. at Muzaffarpur. 4. The Superintending Engineer, Minor Irrigation Siwan Division, Circle at Chapra, Distt- Saran. 5. The Executive Engineer, Minor Irrigation Siwan Division, Distt- Siwan 6. The Secretary, Minor Irrigation Department, Bihar, Patna. 7. The Deputy Secretary, Minor Irrigation Department, Bihar, Patna. . . . . . . . Respondents. For the petitioners : Mr. Sudhir Ranjan, Advo. ----------- 6/ 07.02.2011 All these 27 petitioners were engaged in Work Charged Establishment of the Irrigation Department from time to time. They state that they have been absorbed in the regular establishment with effect from the year 1991. 3 The grievance of the petitioners is that they have not been paid emoluments from October 1989 to 3rd January 1991 when they were still on work charged establishment. 2. A counter affidavit has been filed on behalf of the State. In the counter affidavit, it is not controverted that the petitioners did not work in the work charge. The case of the State is that the issue whether petitioners were initially engaged by competent authority and after due sanction, is still under enquiry. 3. Heard counsel for the parties. It is not in dispute that the petitioners discharged the duties in the work charged establishment from October 1989 to 3rd January, 1991. The stand of the respondent is that some of the petitioners have been engaged without taking prior consent of the competent authority. The respondents have not completed its enquiry as yet. This Court would not permit the authorities to make enquiry after lapse of 20 years. As such, in the absence of denial that these petitioners did not work in the work charged establishment, we are aghast at the shameless statement made on behalf of the State of Bihar and its intention to 4 conduct an enquiry about the validity or otherwise of the appointment of the writ petitioners after lapse of over 20 years. 4. We direct the respondents to pay their arrears of remuneration for the concerned period commencing from October 1989 to 3rd January 1991. The petitioners would be entitled to 9 % (nine per cent) interest on arrears of salary from the date it had become due. 5. In the result, the writ petition is allowed. Uday/- (S. K. Katriar, J.) (S. P. Singh, J.)