IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.965 of 2009 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Road Construction Department, Vishwasiya Bhawan, Bihar, Patna 3. The Engineer-in-Chief-cum Additional Commissioner-cum-Special Secretary, Road Construction Department, Vishwaswariya Bhawan Bihar, Patna 4. The Chief Engineer, National Highway Division, Road Construction Department, Vishwaswariya Bhawan, Bihar, Patna 5. The Executive Engineer, National Highway, Eastern Division, Road Construction Department, Rajbanshi Nagar, Bihar, Patna 6. The Secretary, Personnel and Administrative Reforms Department, Bihar, Patna 7. The Secretary, Department of Finance, Bihar, Patna ……. Respondents----- Appellants Versus Smt. Sangeeta Verma, wife of Late Subodh Kumar Verma, resident of 171, C.D.A. Colony, North Shastri Nagar, District- Patna-23 ……. Petitioner………. Respondent ----------- 6/- 9.2.2011 The present Letters Patent Appeal has been filed by the State of Bihar questioning the direction as contained in the order dated 23rd April, 2008 passed in C.W.J.C. No.11829 of 2006 filed by the respondent-writ petitioner, who happens to be the wife of Late Subodh Kumar Verma. The said Late Subodh Kumar Verma was undisputedly working as Class-III employee in the work charge establishment of N.H. Sub-Division No.2, Aurangabad, who died in harness on 30th June, 2004 in a road accident. On that particular day, the deceased employee was deputed to discharge the duties of Class-III employee as a Toll Clerk on the Mahatma Gandhi Setu, Patna and therefore under the prevailing rules, as may appear from the counter affidavit filed in the connected writ application by the appellants, respondents before the writ Court, that the employee was entitled to get the amount of Life Insurance and the amount of General Provident 2 Fund deposited by him in East Division and Biharsharif Division. Accordingly, those three imbursements were made as appears from the statement made by the Appellants- State of Bihar in paragraph 6 of the counter affidavit filed in the writ Court. The claim of the wife of the writ petitioner was that on account of her husband having served as a Toll Clerk in the work charge establishment for almost 23 years continuously, it was found that his case was fit for being recommended for regularization and accordingly, the department concerned sent a proposal to the Government for regularization of services of the deceased employee Late Subodh Kumar Verma. These facts are not disputed and even in the memo of appeal it is indicated that a proposal was sent to the Government for proper order of regularization of services of Late Subodh Kumar Verma. But we find from the grounds taken in the memo of appeal filed by the State that the case of regularization was considered by the Government and it was found that Late Subodh Kumar Verma was not fit to be regularized in the regular cadre of employees of N.H. Division, Public Works Department. Copy of the order rejecting proposal for regularization of services of Late Subodh Kumar Verma in the light of the order of the learned Single Judge passed in the above noted C.W.J.C. No. 1829 of 2006 appears to be annexed on records of the writ case as Annexure- A series to the counter affidavit filed by respondent nos. 4 and 5 to the writ application. 3 On a perusal of that order which is contained in Memo No. 1137 (S) dated 31st. January, 2007 under the signature of the Deputy Secretary in the Public Works Department, Government of Bihar, Patna, we find that the departmental committee formed for taking decision on the above proposal found the case of Late Subodh Kumar Verma, Toll Clerk not fit for being regularized. On a perusal of that particular order which is contained in letter No. 12182 (S) dated 30th October, 2006, we find that this is a general order devoid of any reason in support of the order of rejection of proposal for regularization of services of Late Subodh Kumar Verma. In the Letters Patent Appeal the appellants-State of Bihar takes a plea that Mr. Verma had not, in fact, completed five years of continuous service which was required to be completed in view of latest resolution of the Government as contained in Annexure-1 to the Letters Patent Appeal which is dated 23rd October, 1987. This resolution, Annexure-1 to the Letters Patent Appeal, was superseding the earlier resolution of the Government as contained in Letter No. 3058 dated 22.10.1984 as would appear from resolution dated 23.10.1987 contained in Annexure-A to the counter affidavit. It was, in fact, superseding all earlier notifications issued in that behalf, i.e., for regularization of services of the employees working under work charge establishment in any establishment of Government of Bihar. Thus, what we find is that there is no plea taken by the 4 Appellants-State of Bihar that Late Verma had not completed five years of continuous service in the writ court. We also do not find any factual data placed before us or on the record in support thereof so that the said plea of the appellants can be established. It appears to us that the deceased employee who had completed 23 years of continuous service, his case for regularization had been thrown into dustbin without any rhyme and reason. In that view of the matter, we are constrained to observe that rejection of proposal for regularization of services of the deceased employee, namely, Late Subodh Kumar Verma by the committee or the department is without any supporting material on that behalf. Besides, we find that the above plea of not completing five years of regular service in the work charge establishment by Late Subodh Kumar Verma had never been agitated before the writ Court and it is altogether a new plea and that too without any factual foundational support. Considering the factual materials and the pleadings advanced by the parties, we find that the learned Single Judge was justified in directing the appellants-State for passing an order of regularization of Sri Verma and we find that rejection of his case was simply arbitrary, without any basis and in derogation of its own notification which is dated 23rd October, 1987 which ought to have been regularized in the light of the resolution dated 23.10.1987 as Late Verma had completed 23 years of continuous service in the work charge establishment. We, therefore, direct the 5 Appellants to consider the case of the writ petitioner- respondent herein for regularization of the services of Late Subodh Kumar Verma with all other benefits which may accrue to the writ petitioner, i.e. his wife Smt. Sangeeta Verma or to the legal heirs of Late Subodh Kumr Verma as expeditiously as possible. This L.P.A. appears of no merit and the same is accordingly dismissed. But without cost. Abhay Kumar/Ashwini ( T. Meena Kumari, J.) (Dharnidhar Jha, J.)