IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3040 of 2007 1. Md.Ali, SON OF LATE AASH MOHAMAD, RESIDENT OF VILLAGE- FOOKKHA MANI, P.S. KANTI, DISTRICT- MUZAFFARPUR. 2. MD. AMIN, SON OF ABDUL SATAR, RESIDENT OF VILLAGE SADIKPUR, P.S. KANTI, DISTRICT- MUZAFFARPUR :-- PETITIONER. Versus 1. The State Of Bihar 2. THE COMMISSIONER-CUM-SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE ENGINEER-IN-CHIEF, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF ENGINEER, PUBLIC HEALTH ENGINEERING DEPARTMENT, DARBHANGA, DISTRICT- DARBHANGA. 5. THE SUPERINTENDING ENGINEER, P.H.E.D. DARBHANGA CIRCLE, DARBHANGA, DISTRICT- DARBHANGA. 6. THE EXECUTIVE ENGINEER, P.H.E.D. DIVISION DARBHANGA AT DARBHANGA, DISTRICT- DARBHANGA :--- RESPONDENTS. ---------------------------------- 2. 12.09.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners served as Muster Roll Worker in the Public Health Engineering Division, Darbhanga for the period between 1.6.1983-30.6.1984 and 1.8.1983- 30.6.1984 which fact has been certified by the Executive Engineer, Public Health Engineering Division, Darbhanga under certificate dated 07.09.1989, Annexure-1. This writ petition has been filed praying, inter alia, to direct the respondent- authorities to consider the case of the petitioners for regularization in the light of the resolution of the State Government dated 16.3.2006, Annexure-6. 3. By filing counter affidavit Respondent No. 6 2 has refuted the claim of the petitioners that they served as Muster Roll Worker in the Darbhanga Division of the Public Health Engineering Department for the period between 1.6.1983-30.6.1984 and 1.8.1983-30.6.1984. In this connection the respondents have also relied on a list of the Muster Roll Workers serving in the Public Health Engineering Division, Darbhanga, Laheriasarai and with reference to the entries made in the said list it is submitted that Petitioner No. 1 did not serve as Muster Roll Worker for the period for which the certificate dated 7.9.1989, Annexure-1 has been issued. Counsel for the petitioners states that the name of Petitioner No. 2 has not even been included in the list, Annexure-B. Counsel also submitted that the list was never published on the Notice Board of the Division so as to enable the petitioners to submit their objection to the entries made in the list. Learned counsel further submitted that from perusal of Annexure-B it would appear that the list was made on 17.8.1991 much after the petitioners were disengaged, as such, even if the same was published on the Notice Board petitioners had neither information about the list nor opportunity to register their objection about the contents of the list as no opportunity to submit objection to the entries made in the list was ever called for. 4. Learned counsel for the State, however, 3 submitted that petitioners have approached this Court after the case of the other daily-wage employees who completed the norms as provided under Resolution dated 16.3.2006 was considered and they were regularized. 5. Having heard counsel for the petitioners and the State, I direct the petitioners to submit their representation before the Secretary of the Public Health Engineering Department who should consider the case of the petitioners for regularization in the light of the certificate dated 07.09.1989, Annexure-1 as also the contents of resolution of the State Government dated 16.3.2006, Annexure-6, as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. 6. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)