IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9985 of 2010 1. BHAWESH SHARMA, S/O LATE KAMO SHARMA, R/O MOHALLA MURARPUR, P.S. NATHNAGAR, DISTRICT BHAGALPUR. 2. BIKRAM MANDAL, S/O LATE DAYA MANDAL, R/O VILLAGE BASUDEVAPUR, P.S. BASUDEVAPUR, DISTRICT- MUNGER. 3. SHIV NARAYAN MANDAL, S/O LATE PACHU MANDAL, R/O VILLAGE CHANDI ASTHAN, P.S. BASUDEVAPUR, DISTRICT- MUNGER. 4. VIJAY RAM, S/O LATE AMRIT RAM, R/O CHOTTIKALA BARI, P.S. KOTWALI, DISTRICT MUNGER. 5. LUCHU MANDAL, S/O LATE CHOTELAL MANDAL, R/O VILLAGE SHYAMPUR, P.S. KHARAGPUR, DISTRICT- MUNGER. Versus 1. THE STATE OF BIHAR THROUGH CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MUNGER. 2. DIRECTOR, PANCHAYATI RAJ, GOVT. OF BIHAR , PATNA. 3. DEPUTY DIRECTOR, PANCHAYATI RAJ, GOVT. OF BIHAR , PATNA. 4. DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, MUNGER. 5. THE DISTRICT MAGISTRATE,MUNGER. ----------- 4. 12.07.2010. Heard learned counsel for the petitioners and the counsel for the State who has filed counter affidavit duly affirmed by the Deputy Secretary, Panchayati Raj Department. Also heard counsel for the Zila Parishad, Munger. 2. Petitioners are aggrieved by the conduct of the Zila Parishad, Munger as the Zila Parishad is not releasing salary of the petitioners in the light of the order bearing Memo No. 05 dated 28.1.2009, Annexure-2, whereunder petitioners and others have been regularized in the scale of Rs. 2550-3200/- in the light of the instructions of the State Government contained in resolution dated 10.5.2005. Having regularized the services of the petitioners in the aforesaid scale the Deputy Development Commissioner- cum-Chief Executive Officer, Zila Parishad, Munger under letter no. 16 dated 31.1.2009, Annexure-3 requested the Director, Panchayati Raj to approve the regularization of the petitioners in the aforesaid scale as also to release fund for payment of salary to them. 3. It appears from the counter affidavit of the Deputy Secretary that the Panchayati Raj Department and its Director did not respond to the request of the Deputy Development Commissioner contained in letter dated 31.1.2009, Annexure-3 as Panchayati Raj Department and its Director were of - 2 - the view that the regularization of the petitioners in the aforesaid scale was not recommended by the Committee of the officers to be constituted in the light of the circular of the Government bearing no. 639 dated 16.3.2006, Annexure-A to the counter affidavit. Sub-clause (iii) of Clause (3) of the said circular provides that the Committee be presided over by the District Magistrate of the area where the regional office is situate. 4. Counsel for the Zila Parishad submitted that Zila Parishad is an autonomous institution constituted under the Bihar Zila Parishad Act and is headed by the Deputy Development Commissioner-cum-Chief Executive Officer yet Zila Parishad, Munger does not have any objection if the Committee presided over by the District Magistrate looks into the regularization of the daily-wagers serving in the Zila Parishad, Munger. 5. Having heard counsel for the parties, I direct the District Magistrate, Munger to constitute the Committee, as is provided under sub- clause (iii) of Clause (3) of the circular letter dated 16.3.2006 and consider the case of the daily-wagers serving in the Zila Parishad, Munger and make necessary recommendation on the basis of which the State Government should act within a reasonable time, in any case within a period of three months from the date of its receipt. It is made clear that if the petitioners are again recommended for regularization then their regularization must date back to the date from which they have been earlier regularized. The District Magistrate should submit his recommendation within a reasonable time, in any case within a period of two months from the date of receipt/production of a copy of this order. 6. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)