Patna High Court
Rajeev Kumar Singh vs The State Of Bihar And Ors on 12 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11533 of 2018
======================================================
1. Shyam Kishore Singh, Son of- Late Rambalak Singh, Resident of Village-
Kadhouna, P.O.- Singhoura, P.S.- Wazirganj, District- Gaya
2. Lalan Prasad, Son of- Laljee Yadav, Resident of Village, P.O. and P.S.-
Delha, District- Gaya.
3. Rajendra Thakur, Son of Late Pragash Thakur,, Resident of Village-
Chandaukhar, P.O.- Bara, P.S.- Navinagar, District- Aurangabad.
4. Ashok Kumar, Son of Sri Ram Prasad Mahto, Resident of Village and P.O.-
Asharti, P.S.- Nardiganj, District- Nawada.
5. Satyendra Prasad Singh, Son of Late Ram Briksha Lal, Resident of Village,
P.S. and P.O.- Rafiganj, District- Aurangabad.
6. Jitendra Kumar, Son of Late Radheshyam Singh, Resident of Village and
P.O.- Chhatiyana, P.S. Makdumpur, District- Jehanabad.
7. Kamlesh Kumar, Son of Sri Mathura Prasad, Resident of Village and P.O.-
Rauna, P.S.- Belaganj, District- Gaya.
8. Ram Bahadur Thapa, Son of Prem Singh, resident of Village- Hanuman
Nagar, Narayangadh Near Chanouti Block, P.O. and P.S.- Rampur, District-
Gaya.
9. Md. Parvez, Son of Late Gaffar, Resident of Village- Golbigha, Police Line,
P.S. Rampur, District- Gaya.
10. Narendra Kumar, Son of Late Bal Govind Prasad, Resident of Village- Ban
Chhilli, P.O.- Daulatpur, P.S.- Arhit Ghosi, District- Gaya.
11. Mithilesh Yadav, Son of Late Jaggu Yadav, Resident of Village- Shastri
Nagar, P.S. and P.O.- Rampur, District- Gaya.
12. Muzaffar Imam, Son of Manzar Hassan, Resident of Village- Aliganj Road
No. 12, P.O.- Karimganj, P.S.- Chandauti, District- Gaya.
13. Sudhir Kumar, Son of Sri Bhagwan Paswan, Resident of Village- Gawal
Bigha, P.O.- Chand Chaura, P.S.- Rampur, District- Gaya.
14. Ramjee Prasad Yadav, Son of Late Ram Briksha Yadav, Resident of Village-
Chhotki Delha, Gusul Khana Road, P.S. and P.O.- Delha, District- Gaya.
15. Rabindra Mahto, Son of Late Dallu Mahto, Resident of Village and P.O.-
Rahui, P.S.- Rahui, District- Nalanda.
16. Arun Kumar, Son of Late Rameshwar Sharma, Resident of Village-
Pokhwan, P.O. Pandaul, P.S.- Shakurabad, District- Jehanabad.
17. Rajendra Prasad, Son of Sri Lakhan Mahto, Resident of Village- Mehar Par,
P.O.- Rana Bigha, P.S.- Laheri, Bihar Sharif Morarpur, District- Nalanda.
18. Ram Bilash Yadav, Son of Late Mathura Yadav, Resident of Village- Chhotki
Delha Paraiya Road, P.S. Delha, District- Gaya.
19. Gopal Prasad, Son of Ram Khelawan Prasad, Resident of Kujapi, P.S.-
Chanauti, District- Gaya.
20. Baidyanath Prasad, Son of Late Leeldhari Prasad, Resident of Village-
Lalganj, P.S. Chandauti, P.S.- Chuiri, District- Gaya.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
21. Devnandan Prasad, Son of Late Baldeo Prasad, Resident of Village- Raja
Bigha, P.O.- Dharmshala, P.S.- Tikari, District- Gaya.
22. Shiv Mandir Rai, Son of Late Ram Dayal Rai, Resident of Village- Singwa,
P.O.- Mujeradh, P.S.- Nokha, District- Rohtas.
23. Ranjeet Kumar, Son of Late Meghu Yadav, Resident of Village- Raja Bigha,
P.S.- Tikari, P.O.- Dharmshala, District- Gaya.
24. Ramesh Kumar, Son of Sri Krishna Paswan, Resident of Shamir Takiya,
Near Middle School, P.O.- Chand Choura, District- Gaya.
25. Mukesh Kumar Mishra, Son of Late Krishna Deo Mishra, Resident of
Village- Mishra Bigha, P.O. and P.S.- Tikari, District- Gaya.
26. Surya Kumar Pandey, Son of Late Ram Nandan Pandey, Resident of Village
and P.O.- Anwan, P.S.- Bodh Gaya, District- Gaya.
27. Madhu Yadav, Son of Late Parmeshwar Yadav, Resident of Village and P.O.-
Chiraiya Tar, Jail Road, P.S. Rampur, District- Gaya.
28. Shankar Yadav, Son of Late Buddha Ram Gop, Resident of Village and P.O.
Chiraiya Tar, Jail Road, P.S. Rampur, District- Gaya.
29. Akhilesh Ram, Son of Ram Pravesh Ram, Resident of Village and P.O.-
Budh Paraiya, P.S.- Paraiya, District- Gaya.
30. Yogeshwar Ram, Son of Late Dhanraj Ram, Resident of Village- Naghar,
P.O. and P.S.- Bikram, District- Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Gaya.
8. The Executive Engineer, Public Health Division, Gaya.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 20243 of 2016
======================================================
1. Indrajit Kumar, Son of Late Jayram Sharma, Working as Daily
Wager,P.H.E.D. Sub Division, Begusarai, Resident of Village- Nath Kharsa,
P.S. - Mahandiya, District- Arwal.
2. Shatrughna Sharma Son of Ram Tawakya Singh, working as Daily Wager,
P.H.E.D. Sub Division Begusarai Resident of Village- Bhawali, P.S. Panthu,
District- Auranganbad.
... ... Petitioners
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Versus
1. The State of Bihar
2. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Chief Engineer, Public health Engineering Department, Govet. of Bihar,
Patna.
4. The Executive Engineer, P.H.E.D. Division Begusarai, Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 5064 of 2017
======================================================
Rajeev Kumar Singh S/o Late Nand Lal Singh, Resident of Village-
Mahmadpur, P.O. P.S. - Garkha, District- Saran.
... ... Petitioner
Versus
1. The State of Bihar through its Principal Secretary to Government, Public
Health Engineering Department, Bisheshwariya Bhawan, Bailey Road,
Patna.
2. The Chief Engineering (Machanical) Public Health Engineering Department,
Bisheshwariya Bhawan, Bailey Road, Patna.
3. The Secretary, Finance Department, Government of Bihar, Patna.
4. The Superintending Engineer, Public Health Engineering Circle, Chapra at
Saran.
5. The Executive Engineer, Public Health Division Chapra.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 13932 of 2017
======================================================
1. Tapeshwar Prasad, son of Late Yaddu Kamat, Resident of Village+P.O.-
Basbitti, P.S. and District- Supaul.
2. Arvind Kumar Thakur, son of Daya Nand Thakur, Resident of Village P.O.-
Muradpur, P.S.- Nauhatta, District- Saharsa.
3. Ravindra Kumar Singh, son of Late Harinarayan Singh, Resident of Village-
Arraha, P.O.- Suhath, P.S.- Saur- Bazar, District- Saharsa.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Public
Health Engineering, Government of Bihar, Patna
2. The Engineer-in-Chief, Department of Public Health Engineering,
Government of Bihar, Patna.
3. The Chief Engineer, Department of Public Health Engineering, Government
of Bihar, Patna.
4. The Executive Engineer, Public Health Engineering Division, Supaul.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
5. The Executive Engineer, Public Health Engineering Division, Saharsa.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 5089 of 2018
======================================================
1. Rajendra Ram S/o late Ramvandan Ram, working as Daily Wager, PHED,
Sub Division Manjhaul, P.S. Manjhaul, Begusarai
2. Naresh Ram, S/o Devnarayan Ram, Working as daily Wager, PHED, Sub
Division Begusarai P.S. + Distt. Begusarai.
3. Ram Naresh Ram, S/o Late Bhola Ram, Working as Daily Wager, PHED,
Sub Division Begusarai, P.S. + Distt. Begusarai.
4. Kulshekhar Sharma, S/o late Bhagwat Singh, Working as Dailey Wager,
PHED, Sub Division, Barauni, P.S. Barauni, Distt.-B
... ... Petitioners
Versus
1. The State of Bihar
2. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
Patna.
4. The Executive Engineer, P.H.E.D. Division Begusarai, Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 6664 of 2018
======================================================
1. Narayan Roy, Son of Late Radhakant Roy, R/o Village- Pathra, P.S.- Pipra,
District- Supaul.
2. Pritam Kumar Roy, Son of Late Prafulla Kumar Roy, of Village- Salmari,
P.S.- Azamnagar, District- Katihar.
3. Ramanuj Singh, Son of Late Rameshwar Singh, R/o Village- Pariyo, Post-
Makhmalpur, P.S.- Paliganj, District- Patna.
4. Sonelal Sah, Son of Late Kailu Sah, R/o Village- Jurail, P.S.- Parbatta,
District- Khagaria.
5. Arvind Prasad Roy, Son of Late Chandra Kishore Roy, R/o Village- Mundel
Post- Maina Hat, District- Araria.
6. Suresh Das, Son of Late Gholti Das, of Village- Salmari, P.S.- Azamngar,
District- Katihar.
7. Md. Shamim Alam, Son of Md. Mahboob Alam, R/o Village- Kamalpur,
P.O.- Ramnagar, District- Katihar.
8. Ram Chandra Mahto, Son of Late Buddhu Mahto, R/o Village- Warinagar,
P.O.- Gurubazar, District- Katihar.
9. Vikash Chandra Verma, Son of Mahabir Prasad Lal Verma, R/o Village-
Belwa, P.O.- Belwa, District- Katihar.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
10. Ganesh Mandal @ Ganesh Prasad Mandal, Son of Late Sadhu Mandal, R/o
Village- Sikatta, P.O.- Sikatta, District- Katihar.
11. Rajendra Mahto, Son of Late Mahadeo Mahto, resident of Warinagar, P.O.-
Gurubazar, District- Katihar.
12. Jibu Jha, Son of late Dinesh Jha, R/o Village- Singion, P.O.- Rampatti,
District- Madhubani.
13. Maheshwar Pandit, Son of Late Laxman Pandit, R/o Village- Pakahra, P.O.-
Pakahra, District- Katihar.
14. Jageshwar Prasad Roy, Son of Jagdish Roy, R/o Village- Paya, P.S.- Loh
Bazar, District- Saharsa.
15. Dudheshwar Nath Pathak, Son of Late Siddhnath Pathak, R/o Village P.O.
District- Arwal.
16. Ashok Bansphor, Son of Late Suresh Bansphore, Near D. S College Katihar,
District- Katihar.
17. Dev Kumar Singh, Son of Late Shyam Bahadur Singh, R/o Village P.S.
Krishnagadh, District- Bhojpur.
18. Ganpat Mahto, Son of Late Parmeshwar Mahto, R/o Sonouli Gandhinagar,
P.O.- Sonouli, P.S.- Kadwa, District- Katihar.
19. Bam Shankar Thakur, Son of Late Sukhdeo Thakur, R/o Village P.O.- Bara,
P.S.- Bihra, District- Saharsa.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
4. Regional Chief Engineer, Public Health Engineering Department, Bihar,
Patna.
5. Regional Chief Engineer, Public Health Engineering Department, Purnia
Circle, Purnia.
6. Special Officer Public Health Engineering Department, Bihar, Patna.
7. Superintending Engineer, Public Health Engineering Department, Purnia
Circle, Purnia.
8. Executive Engineer, Public Heatlh Division, Katihar.
9. Sub-Divisional Officer, Public Health Sub-Division Barsoi Katihar.
10. Sub-Divisional Officer, Public Health Sub-Division Kursela Katihar.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 7691 of 2018
======================================================
1. Dharam Nath Singh Son of Murat Singh Resident of Village Chhapan Tola
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Basopali, P.O. Basopali, P.S. Siwan Muffasil, Distt. Siwan.
2. Manoj Kumar Son of Baliram Yadav R/o Ranipur, P.O. P.S.- Baraharia,
Distt. Siwan.
3. Rameshwar Singh Son of late Indradev Singh Resident of Village
Birchapara, P.O. P.S. Piprakothi, Distt. West Champaran.
4. Ramashish Ram Son of Parmeshwar Ram Resident of Village Aamwa, P.O.
Kukurghati, P.S. Bhatani, District. Deoria, U.P.
5. Ram Prasad Son of Shivlochan Choudhary R/o Baghra, P.O. Khalishpur, P.S.
SiwanMufassil, Distt. Siwan.
6. Rameshwar Prasad Son of Late Motilal Prasad R/o Village Sisai, P.O.
Sisai,P.S. Shahajitpur, Distt. Chapra.
7. Sipahi Choudhary Son of late Munni Choudhary R/o Village Jiyay, P.S.
Siwan Mufassil, Distt. Siwan.
8. Shivjee Choudhary Son of Sudarshan Choudhary R/o Village Lachhwar,
P.O. Lachhwar, P.S. Thawe, District. Gopalganj.
9. Raj Ballam Singh Son of Sri Sitaram Singh R/o Village Pahleja Shatipur
Diyara, P.S. Sonpur, Distt. Saran at Chapra.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Chief Engineer (Mechanical) Public Health Engineering Department,
Govt. of Bihar, Patna.
3. The Executive Engineer, Public Health Department, Public Health Division,
Siwan.
4. The District Magistrate, Siwan.
5. The Principal Secretary, General and Administration Dept. Govt. of Bihar,
Patna.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 7760 of 2018
======================================================
1. Ram Chandra Kumar @ Ram Chandra Singh, Son of Late Bindo Singh, R/o
village P.O.- Hathiyama P.S. District- Sheikhpura.
2. Satendra Kumar Singh, Son of Late Jagdish Singh, Village P.O.- Chesi, P.S.-
Nauwatpur, District- Patna.
3. Sudheer Kumar Son of Late Jagdambi singh, Ro Village P.O.- Hathiyama,
P.S. District- Sheikhpura.
4. Sunil Kumar @ Sunil Prasad, Son of Kali Mahto, R/o Village- Purankama,
P.O.- Hathiyama, P.S. District- Sheikhpura.
5. Kaushal Kumar Singh, Son of Late Bhagwan Singh, R/o Village P.O. P.S.-
Narayanpur, District- Bhojpur.
6. Om Prakash Rai, Son of Late Guddar Rai, R/o Village- Narayanpur,
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Dudhpura, P.S.- Mahnar, District- Vaishali.
7. Arbind Kumar, Son of Ram Nandan Singh, R/o Village- Purankama, P.O.-
Hathiyama, District- Sheikhpura.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Munger.
8. The Executive Engineer, Public Health Engineering Division, Sheikhpura.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 7890 of 2018
======================================================
1. Gauri Shankar Singh Son of Chandeshwar Singh Resident of Village P.O.-
Kaindi, P.S. Halsi, District-Lakhisarai.
2. Nagendra Prasad Singh, Son of Chandeshwar Singh Resident of Village-
Baliyari, P.S. Hasua, P.O. Hasua, District- Nawada.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar,Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Munger.
8. The Executive Engineer, Public Health Engineering Division , Sheikhpura.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9237 of 2018
======================================================
1. Ram Chandra Singh S/o Lt. Gajendra Singh, VillPost- Motnaje, P.S.-
Tariyani, Dist- Sheohar.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
2. Shiv Shankar Singh, S/o Lt. Ram Narayan Singh, R/o VillPost- Abhirajpur
Bairiya, P.S.- Piprahi, Dist- Sheohar.
3. Sri Bhagwan Thakur, S/o Lt. Rameshwar Thakur, R/o Pakari, Post-
Chhatauna Bishanpur, P.S.- Piprahi, Dist- Sheohar.
4. Nand Kishore Singh, S/o Lt. Jaidhari Singh, Vil+Post- Belwa, P.S.- Piprahi,
Dist- Sheohar.
5. Kailash Bahadur Singh, S/o Lt. Jeet Bahadur, Vill+post+P.S.Dist- Sheohar.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, P.H.E.D., Govt. of Bihar,
Patna.
2. The Engineer in Chief, P.H.E.D., Bihar, Patna.
3. The Chief Engineer, P.H.E.D. (Mechanical), Bihar, Patna.
4. That Superintendent Engineer, P.H.E.D., Muzaffarpur.
5. The Executive Engineer, Public Health Mechanical Division, Muzaffarpur.
6. The Executive Engineer, Public Health Division, Sheohar.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9322 of 2018
======================================================
1. Kamlesh Jha Son of Shiva Nand Jha, Resident of Village- Haithibali, P.S.
Bhairav Asthan, District- Madhubani at Present resident of Ward No.9,
Jhanjharpur, Madhubani.
2. Baidynath Rai, Son of Late Mahanth Rai, Resident of Village- Tardiha, P.S.-
Madhepura, District- Madhubani.
3. Radheshyam Jha, Son of Late Guna Nand Jha, Resident of Village-
Dullipatti, P.S.- Jai Nagar, District- Madhubani.
4. Sheojee Yadav, Son of Late Mani Lal Yadav, Resident of Village- Baika,
P.S.- Phulparas, District- Madhubani.
5. Sunil Kumar Singh, Son of Rewat Narayan Singh, Resident of Village-
Sima, P.S. and District- Supaul.
6. Nageshwar Thakur, Son of Kamal Thakur, Resident of Village- Paharpur,
P.S.- Mahnar, District- Vaishali.
7. Sudesh Jha, Son of Late Indresh Jha, Resident of Village- Parjuari,
Pachchwari Tol, P.S.- Arer, District- Madhubani.
8. Shiv Shankar Sah, Son of Moti Sah, Resident of Village- Mansapur, P.S.-
Lokahi, District- Madhubani.
9. Md. Istiyaq, Son of Md. Khalik, Resident of Village- Chanauraganj, P.S.-
Jhanjharpur.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Public Health &
Engineering Department, Vishwasaraiya Bhawan, Patna.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
2. The Principal Secretary, Public Health and Engineering Department,
Government of Bihar, Vishwasaraiya Bhawan, Patna.
3. The Engineer-in- Chief, Public Health and Engineering Department,
Vishwasaraiya Bhawan, Patna.
4. The Superintending Engineer, Public Health Engineering Circle, Darbhanga.
5. The Executive Engineer, Public Health Engineering Division, Madhubani.
6. The Sub- Divisional Officer, Public Health Engineering Sub- Division,
Jhanjharpur, Madhubani.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9804 of 2018
======================================================
1. Ram Laulin Rai Son of Late Tilak Rai R/o Village Din Buchauli, P.S. -
Jandaha, District - Vaishali.
2. Kaushal Kishore @ Kaushal Kishore Rajak R/o Late Rajendra Prasd @
Rajendra Baitha R/o Village P.O. - Din Buchauli, P.S. - Jandaha, District -
Vaishali.
3. Kapileshwar Rajak S/o Basudeo Rajak @ Basudev Baitha R/o Village P.O. -
Din Buchauli, P.S.- Jandaha, District - Vaishali.
4. Awadhesh Rajak S/o Late Poshan Rajak R/o Village P.O. - Lagunia, P.S. -
Patori, District - Samastipur.
5. Shiv Chandra Prasd @ Shiv Chandra Rajak S/o Late Karu Prasad @ Karu
Rajak R/o Ward No. 6 Jurawanpur, Paharpur Purvi Paharpur, Vaishali.
6. Pradip Kumar Son of Late Amawashya Ram R/o Village - Sahejani, P.O. -
Hasan Bazar, P.S. - Piro, District - Bhojpur.
7. Bhagwat Rajak @ Bhagwati Rajak S/o Late Nageshwar Rajak R/o Village -
Bingama, P.O. - Jalalpur, P.S.- Sahpur Patori, District - Samastipur.
8. Ram Udit Singh S/o Late Kishori Singh R/o Village - Kosara, P.O. - Jiyan
Bigha, P.S. District - Sheikhpura.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Munger.
8. The Executive Engineer, Public Health Engineering Division, Sheikhpura.
... ... Respondents
======================================================
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
with
Civil Writ Jurisdiction Case No. 10605 of 2018
======================================================
Premchand Ram, son of Late Bishwanath Ram, resident of Village -
Raghunathpur, Police Station - Brahampur, District - Buxar.
... ... Petitioner
Versus
1. The State of Bihar through it's Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Department of Public Health Engineering,
Government of Bihar, Patna.
3. The Secretary, Department of Public Health Engineering, Government of
Bihar, Patna.
4. The Chief Engineer (Mechanical), Department of Public Health
Engineering, Government of Bihar, Patna
5. The Superintending Engineer, Public Health Engineering, Darbhanga Circle,
Darbhanga.
6. The Executive Engineer, Public Health Division, Samastipur.
7. The Divisional Officer, Public Health Sub Division, Dalsingsarai, District -
Samastipur.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 12020 of 2018
======================================================
Jitendra Kumar Yadav Son of Sri Munna Yadav, resident of Village-
Showahara Gali, Rampur Gaya, P.S.- Rampur, District- Gaya.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administraton Department, Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Gaya.
8. The Executive Engineer, Public Health Engineering Division, Gaya.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 12518 of 2018
======================================================
1. Lal Babu Rai, Son of Late Mitthu Rai R/o Village - Pali, P.O. - Preo, P.S. -
Bihta, District - Patna.
2. Raju Ram, Son of Late Karmu Ram R/o Village P.O. - Amhara, P.S. - Bihta,
District - Patna.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
3. Arunoday Prakash Singh Son of Late Sakaldev Singh @ Sakaldip Singh R/o
Village - Jahanpur, P.O. - Jokta, P.S. - Chandi, Bhojpur at Arrah.
4. Ram Prakash Mahto Son of Late Shiv Bachan Mahto R/o Village P.O. -
Preo, P.S. - Bihta, District - Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Patna.
8. The Executive Engineer, Public Health Engineering Division, Patna East,
Patna.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 12756 of 2018
======================================================
Md. Qamruddin, Son of Sheikh Sheikh Bashiruddin, Resident of Near Maszid
Lachhanpur, P.S. Kasba- Purnea, District- Purnea.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer Mechanical, Public Health Engineering Department,
Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Gaya.
8. The Executive Engineer, Public Health Engineering Division, Gaya.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 13476 of 2018
======================================================
1. Raj Kumar Singh S/o Lt. Bhuvneshwar Singh, Vil, Post-Rainshankar, P.S.-
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Runnisaidpur, Dist-Sitamarhi.
2. Nagendra Rai, S/o Lt. Ram Briksh Rai, R/o Vil. Post Bhandari, P.s.-Belsand,
Dist.-Sitamarhi,
3. Sahdev Mandal, S/o Lt. Sitabi Mandal, R/o Post-Chhatauna Bishanpur, P.S.-
Piprahi, Dist-Sheohar.
4. Narendra Kapoor, S/o Sri Chandradev Kapoor, R/o VilPost Manikchowk,
P.S.-Runnisaidpur, Dist.-Sitamarhi.
5. Dharmnath Tiwary, S/o Radharaman Tiwary, R/o Vil.-Dariyapur, Post-
Mardlebadad, P.S.-Gautichak, Dist.-Patna.
6. Yogendra Chaudhary, S/o Lt. Saryug Chaudhary, R/o-Vil-Tarahi, P.O.-
Muradpur, P.s.-Nawada, Dist-Saharsha.
7. Devendra Raut, R/o Vil-Bheriyahi, Post-Herej, P.S.-Pakridayal, Dist.-East
Champaran.
8. Sri Narayan Singh, S/o Lt. Bateshwar Prasad Singh, R/o-Sardiha, Post P.S.-
Simri Bakhtiyarpur, Dist-Saharsha,
9. Margoob Hasan, S/o Manjrul Hoda, R/o-Murlichak, Post P.S. Sitamarhi.
... ... Petitioners
Versus
1. The State of Bihar through the Secretary, Public Heath Engineering
Department, Bihar, Patna
2. The Engineer In Chief, P.H.E.D., Bihar, Patna.
3. The Chief Engineer, P.H.E.D., Bihar, Patna.
4. That Superintendent Engineer, P.H.E.D., Circle, Muzaffarpur.
5. The Executive Engineer, Public Health Division, Sitamarhi.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 13586 of 2018
======================================================
Rabindra Kumar Son of Late Kapildev Singh, Resident of Village-
Mahmadpur. P.O. P.S. Hisua, Dist. Nawada.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Engineer-in-Chief cum-Special Secretary, Public Health Engineering
Dept. Bihar, Patna.
4. The Chief Engineer (Civil) Public Health Engineer Dept. Bihar, Patna.
5. The Chief Engineer (Mechanical) Public Health Engineering Department,
Bihar, Patna.
6. The Superintending Engineer, Public Health Engineering Circle-
Muzaffarpur.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
7. The Executive Engineer, Public Health Division, Sitamarhi.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 13726 of 2018
======================================================
1. Birendra Kumar Bhagat S/o Sri Baidyanath Prasad Bhagat, R/o Village P.O.-
Mahshaily, P.S. Bausi Pasethi, District- Araria.
2. Abhay Kumar Verma, S/o Late Saryug Prasad, R/o Village- Bakour,
Sukhpur, P.S. Supaul, District Supaul.
3. Gangadhar Chaudhary S/o Late Kalanath Chaudhary, R/o Village P.O.-
Tulsiya, P.S. Dighal Bank, District- Kishanganj.
4. Gajendra Kumar Mishra, S/o Late Ramakant Mishra, R/o Village- Dayalpur,
P.O.- Jhandapur, P.S. Bihpur, District- Bhagalpur.
5. Praveen Kumar Mallick, S/o Late Haribansh Sahay, R/o Village- Purnea
Ward No. 11, P.O. P.S. Purnea, District Purnea.
6. Ajay Kumar Mandal, S/o Late Banarsi Mandal, R/o Village- Khankhand,
P.O. Amaiya, P.S. Asarganj, District Munger.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Department of Public
Health Engineering, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering
Department, Bihar, Patna.
4. The Chief Engineer (Mechanical), Public Health Engineering Department,
Bihar, Patna.
5. The Regional Chief Engineer Mechanical, Public Health Engineering
Department, Purnea Circle, Purnea.
6. Special Officer, Public Health Engineering Department, Bihar, Patna.
7. The Superintending Engineer (Mechanical), Public Health Engineering
Circle, Bhagalpur.
8. The Executive Engineer, Public Health Engineering Division, Purnea.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 13895 of 2018
======================================================
Raj Bansh Lal, Son of late Ram Lal Srivastav, Resident of Village- Raja Ke
Akorhi, P.O. Nauhatta, P.S. Belawan, District- Kaimure (Bhabhua).
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Bisheshwariya Bhawan, Bailey Road, Patna.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
2. The Principal Secretary, Public Health Engineering Department,
Bisheshwariya Bhawan, Bailey Road, P
3. The Engineer-in-Chief Cum-Special Secretary, Public Health Engineering
Department, Bisheshwariya Bhawan, Bailey Road, Patna.
4. The Chief Engineer (Mechanical), Public Health Engineering Department,
Bisheshwariya Bhawan, Bailey Road, Patna
5. The Superintending Engineer, Public Health Engineering Circle, Ara,
District- Bhojpur.
6. The Executive Engineer, Public Health Engineering Division, Bhabhua.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14337 of 2018
======================================================
1. Rajeshwar Prasad S/o Shri Deo Nandan Yadav, R/o Village- Awasthi Chak,
Post- Nadghat, P.S.- Gauri Chak, District- Patna.
2. Kanhaiya Prasad, S/o Shri Brij Nath Sah, R/o Village- Barikewari, P.S.-
Putan, District- Patna.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary Department of Public
Health Engineering, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna.
4. The Chief Engineer (Mechanical) Public Health Engineering Department,
Bihar, Patna.
5. The Executive Engineer, Public Health Engineering Division, Patna East.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14619 of 2018
======================================================
Nilesh Kumar, son of Late Bankesh Prasad Sinha. resident of Village-
Amarpur, P.S. Dhansoi, District- Buxar.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Public
Health Engineering, Govt. of Bihar, Patna.
2. The Engineer-in- Chief, Public Health Engineering Department, Govt. of
Bihar, Patna.
3. The Chief Engineer (Mechanical), Public Health Engineering Department,
Govt. of Bihar, Patna.
4. The Superintending Engineer, Bihar Rajya Jal Parishad Ganga Project Circle
No. 1, Patna.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
5. The Bihar Rajya Jal Parishad Secretary, West Boring Canal Road, Patna.
6. The Principal Secretary, Bihar Rajya Jal Parishad West Boring Canal Road,
Patna.
7. The Chief Engineer, Bihar Rajya Jal Parishad, West Boring Canal Road,
Patna.
8. The Executive Engineer, Bihar Rajya Jal Parishad West Boring Canal Road,
Patna.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 20837 of 2018
======================================================
1. Dina Nath Jha, Son of Late Baidhnath Jha, R/o Village, P.O.- Chainpur,
District- Saharsa.
2. Devanand Jha, Son of Late Digamvar Jha, R/o VillageP.O.P.S.- Bangaon
Ward No.6, District- Saharsa.
3. Shashi Chandra Jha, Son of Late Kamal Narayan Jha, R/o VillageP.O.-
Puwari Tola Ward No.8, Chainpur, P.S.- Bangaon, District- Saharsa.
4. Shashi Nath Jha, Son of Late Tripti Narayan Jha, R/o VillageP.O.-
Mohanpur, P.S.- Navhatta, District- Saharsa.
5. Md. Jainudeen, Son of Md. Sakur Ansari, R/o Mohalla- P.H.D. Colony,
Ward No.15, Sant Nagar, Gangjala, P.O.P.S.District- Saharsa.
6. Md. Julkar Nain, Son of Late Md. Maksood, R/o Village- Shekhi Chakiya
Ward No.10, P.O.P.S.- Ball Chak, District- East Champaran.
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Viheshwaraiya Bhawan, Bailey Road, Patna.
2. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Visheshwaraiya Bhawan, Bailey Road, Patna
3. The Chief Engineer, Mechanical, Public Health Engineering Department,
Visheshwaraiya Bhawan, Bailey Road, Patna.
4. The Superintending Engineer, Public Health Engineering Mechanical Circle,
Bhagalpur.
5. The Executive Engineer, Public Health Mechanical Division, Purnia,
District- Purnia.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 8964 of 2019
======================================================
Ajay Kumar, Son of Madho Singh, Resident of Village- Chesi, P.S.
Naubatpur, District- Patna, Retrench Master Roll Employee on the Post of
Nalkup Khalasi at Tarapur Section, Under Section Officer, District-Munger.
... ... Petitioner
Versus
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
1. The State of Bihar through Secretary, Public Health Engineering
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Engineer-in-Chief-Cum-Special Secretary of Govt. of Bihar, P.H.E.D. ,
New Secretariat, Patna.
3. The Zonal Chief Engineer, Public Health Engineering Department,
Bhagalpur.
4. The Superintending Engineer, Public Health Engineering Circle, Munger.
5. The Executive Engineer, Public Health Engineering Division, Munger.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 9149 of 2019
======================================================
Bhuneshwar Chaudhary, S/o Late Dhaneshwar Choudhary, resident of
Mohalla- Dilawarpur Bara, P.O. and P.S.- Kotwali, District- Munger, Retrench
daily wages employee on the post of Nalkup Khalasi Public Health Division,
Munger.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Public Health Engineering
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Engineer-in-Chief-cum-Special Secretary of Govt. of Bihar, P.H.E.D.,
New Secretariat, Patna.
3. The Zonal Chief Engineer, Public Healh Engineering Department,
Bhagalpur.
4. The Superintending Engineer, Public Health Engineering Circle, Munger.
5. The Executive Engineer, Public Health Engineering Division, Munger.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 21407 of 2019
======================================================
Indradeo Singh S/o Late Jambhu Singh, Resident of Village- Noniya Bigaha,
P.S.- Arwal, District- Arwal, Retrench Master Roll employee on the post of
Nalkup Khalasi, Under Executive Engineer, Public Health Circle, Munger.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Public Health Engineering
Department, Govt. of Bihar, New Secretariat, Patna.
2. The Engineer-in- Chief-cum- Special Secretary of Govt. of Bihar P.H.E.D.,
New Secretariat, Patna.
3. The Zonal Chief Engineer Public Health Engineering Department,
Bhagalpur.
4. The Superintending Engineer Public Health Engineering Circle, Munger.
5. The Executive Engineer Public Health Engineering Division, Munger.
... ... Respondents
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
======================================================
with
Civil Writ Jurisdiction Case No. 23748 of 2019
======================================================
Hari Mohan Jha, son of Anand Kishore Jha, Resident of Village and P.O. -
Kharka, P.S. Nanpur, Dist- Sitamarhi.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Engineer-in Chief - Cum Special Secretary, Public Health Engineering
Department, Bihar, Patna.
5. The Chief Engineer, Public Health Engineering Department, Bihar, Patna.
6. The Superintending Engineer Public Health Engineering Circle,
Muzaffarpur.
7. The Executive Engineer, Public Health Division, Sitamarhi.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14558 of 2022
======================================================
1. Shankar Rajak son of Hajari Rajak, resident of Naya Tola, Garhu Sthan,
Purani Bazar Lakhisarai, Ward No. 12, Post, Police Station and Dist-
Lakhisarai.
2. Narendra Kumar Singh, son of Ram Bahadur Singh, resident of Village-
Rani Parti, Post- Kariyan, P.S. Rosera, Dist- Samastipur.
3. Manoj Rajak, son of late Bhaso Rajak, resident of Village- Govindpur, Post-
Rampur, P.S.- Surgarha, Dist- Lakhisarai.
4. Om Prakash Pandey, Son of Kapildev Pandey, resident of Village- Chandpur,
Post- Pirpenti, Dist- Bhagalpur.
5. Pankaj Kumar Pandey, Son of Kapildev Pandey, resident of Village-
Chandpur, Post- Pirpainti, Dist- Bhagalpur.
6. Lalan Singh, Son of Late Hari Singh, resident of Village- Karamhari, Post
Katra Kalan, P.S. Mohaniya, Dist- Rohtas (Sasaram).
... ... Petitioners
Versus
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Bihar Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
5. The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Government of Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle
(Mechanical), Munger.
8. The Executive Engineer, Public Health Mechanical Division, Sheikhpura.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14723 of 2022
======================================================
Ram Bilas Sahu, son of Sri Sitaram Sahu, resident of Village- Bairbona, Post-
Siswar, P.S.- Khutauna, Dist.- Madhubani.
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in- Chief-cum- Special Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Government of Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Begusarai.
8. The Executive Engineer, Public Health Mechanical Division, Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 14960 of 2022
======================================================
1. Ashwani Kumar Singh son of Late Tapeshwar Singh, resident of village and
Post- Ranipur, Police Station- Paliganj, Dist- Patna.
2. Manesh Kumar Choudhary Son of Sri Nanhak Choudhary, R/o Village- and
Post and P.S. - Aamas, Dist- Gaya.
3. Manjit Ray Son of Khakhnu Ray, R/o Village- Kesopur, Post- Barhara, P.S.-
Semaria Pararia, Dist- Bhojpur (Ara).
4. Girijesh Kumar Son of Nand Kishore Singh, R/o Village- Sahdani, Post-
Amari, P.S.- Upahara, Dist- Aurangabad.
5. Anil Kumar @ Anil Kumar Singh Son of Harish Chandra Prasad Singh, R/o
Ward No. 03, Village and Post- Oranpur, P.S.- Mufassil, Dist- Nawada.
6. Jitendra Kumar @ Jitendra Kumar Singh Son of Late Moti Singh, R/o
Village and Post- Khanwan, P.S.- Nawada, Dist- Nawada.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
... ... Petitioners
Versus
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Government of Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle
(Mechanical), Gaya.
8. The Executive Engineer, Public Health Mechanical Division, Nawada.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 16014 of 2022
======================================================
Chamru Ram @ Manoj Kumar, Son of Late Ram Kishun Ram, Resident of
Ward No.- 31, Village- Jagir Mohala, Post and P.S. and Dist.- Begusarai.
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department,
Government of Bihar, Patna.
3. The Principal Secretary, Department of finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-chief-cum-Special Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
6. The Chief Engineer (Mechanical), Public Health Engineering Department,
Government of Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Begusarai.
8. The Executive Engineer, Public Health Engineering Division, Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 18557 of 2022
======================================================
Kashi Nath Singh, Son of late Shital Prasad Singh, resident of Village-
Mainpura-ke-Tola, Kopa Bazar, P.S.- Rivilganj, District- Saran at Chapra.
... ... Petitioner
Versus
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
1. The State of Bihar through the Principal Secretary, Public Health and
Engineering Department, Vishwasaraiya Bhawan, Patna.
2. The Principal Secretary, Public Health and Engineering Department,
Government of Bihar, Vishwasaraiya Bhawan, Patna.
3. The Engineer-in-Chief Cum Special Secretary, Public Health and
Engineering Department, Vishwasaraiya Bhawan, Patna.
4. The Superintending Engineer, Public Health Engineering Circle, Darbhanga.
5. The Executive Engineer, Public Health Engineering Division, Begusarai.
6. The Sub-Divisional Officer, Public Health Engineering Sub-Division, Balia,
Begusarai.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 653 of 2023
======================================================
1. Barun Jay Kumar Son of Late Ranvijay Singh Resident of West Shastri
Nagar, Road No. 3, P.S.-Rampur, District-Gaya
2. Shambhu Sharan Singh Son of Ranvijay Singh Janakpur, Resident of
Janakpur Police Colony, P.O.-Buniyadganj, P.S.-Mufassil, District-Gaya.
3. Lalan Prasad Yadav Son of Late Suryadeo Yadav Resident of Village-
Tetariya, P.O.-Naur, P.S.-Navinagar, District-Aurangabad.
4. Awadhesh Kumar Thakur Son of Chandranand Thakur, Resident of Village
and P.O.-Basaity, P.S.-Basaity, District-Araria, Presently, Ward no-10,
Bidyapati Nagar P.S. and District-Araria.
5. Ram Kumar Singh Son of Late Baneshar Singh Resident of Village and
P.O.-Phulbariya Baheri, P.S.-Gurua, District-Gaya.
6. Suryadev Singh Son of Late Kameshwar Singh Resident of Village-
Kadhauna, P.O.-Singhaura, P.S.-Bajirganj, District-Gaya.
... ... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department, Bihar,
Patna.
3. The Principal Secretary, Department of Finance, Bihar, Patna.
4. The Principal Secretary, General Administration Department, Bihar, Patna.
5. The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering
Department, Bihar, Patna.
6. The Chief Engineer, Public Health Engineering Department, Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Gaya.
8. The Executive Engineer, Public Health Division, Aurangabad.
... ... Respondents
======================================================
with
Civil Writ Jurisdiction Case No. 5923 of 2023
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
======================================================
Salaza Devi @ Shailj Devi W/o - Late Kailash Yadav, resident of Mohalla -
Gumti No. 1, P.O. - Lal Darwaza, P.S. - Kotwali, District - Munger.
... ... Petitioner
Versus
1. The State of Bihar through Principal Secretary, Public Health Engineering
Department, Government of Bihar, New Secretariat, Patna.
2. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering
Department, Government of Bihar, New Secretariat, Patna.
3. The Zonal Chief Engineer, Public Health Engineering Department,
Bhagalpur.
4. The Superintending Engineer, Public Health Engineering Circle, Munger.
5. The Executive Engineer, Public Health Engineering Division, Munger.
... ... Respondents
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11533 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 20243 of 2016)
For the Petitioner/s : Mr. Amaresh Kumar Singh, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 5064 of 2017)
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 13932 of 2017)
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 5089 of 2018)
For the Petitioner/s : Mr. Amaresh Kumar Singh, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 6664 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 7691 of 2018)
For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 7760 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
(In Civil Writ Jurisdiction Case No. 7890 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 9237 of 2018)
For the Petitioner/s : Ms. Usha Kumari, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 9322 of 2018)
For the Petitioner/s : Mr. Sushil Kumar Jha, Advocate
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 9804 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 10605 of 2018)
For the Petitioner/s : Mr. Rajiv Nayan Singh, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 12020 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 12518 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmed, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 12756 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmed, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 13476 of 2018)
For the Petitioner/s : Ms. Usha Kumari, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 13586 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 13726 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S.Raza Ahmed, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 13895 of 2018)
For the Petitioner/s : Mr. Krishna Ranjan, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 14337 of 2018)
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Mr. S.Raza Ahmed, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 14619 of 2018)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 20837 of 2018)
For the Petitioner/s : Mr. Lalan Kumar Singh, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 8964 of 2019)
For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 9149 of 2019)
For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 21407 of 2019)
For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 23748 of 2019)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 14558 of 2022)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 14723 of 2022)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 14960 of 2022)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. S. Raza Ahmad, AAG-5
Mr. Bijoy Kumar Sinha, AC-AAG-5
(In Civil Writ Jurisdiction Case No. 16014 of 2022)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 18557 of 2022)
For the Petitioner/s : Mr. Sushil Kumar Jha, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 653 of 2023)
For the Petitioner/s : Mr. Siyaram Pandey, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
(In Civil Writ Jurisdiction Case No. 5923 of 2023)
For the Petitioner/s : Mr. Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr. Arvind Ujjwal, SC-4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL JUDGMENT
Date : 12-05-2023
Heard learned counsel for the petitioners, Mr. S. Raza
Ahmad learned AAG-5 assisted by Mr. Bijoy Kumar Sinha,
learned AC to AAG-5 and Mr. Arvind Ujjawal, learned SC-4 for
the State.
2. Since all these writ applications involve a common
issue, on the request of learned counsel for the parties, these writ
applications were tagged and have been heard together from time
to time.
3. The petitioners in these writ applications are seeking
regularisation of their service w.e.f. 11.12.1990 against the vacant
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Group 'D' posts. Their specific case is that they are covered under
the Government's policy dated 16.03.2006, however, the earlier
Committees which were formed to examine the case of the
petitioners and others in the light of the judgment of this Court in
CWJC No. 7359 of 2002 (Ram Tapeshwar Sah and Others versus
the State of Bihar and others) did not follow the policies as framed
by the Government as a result of which these petitioners were
arbitrarily left out.
4. When these writ applications were filed, the
petitioners had challenged their respective order of termination as
daily wagers but with the developments which took place in course
of hearing of the writ application, the petitioners have been taken
back in the establishment as daily wager except the petitioner in
CWJC No. 5963 of 2023. Thus, so far as their prayer for quashing
of the order of termination is concerned, the same has become
infructuous. They have joined and are rendering their services.
5. This Court has on earlier occasions passed some
orders. Considering the nature of dispute and the issues involved
in these writ applications, this Court deems it just and proper to
reproduce the order dated 23.02.2023, order dated 03.04.2023,
order dated 04.04.2023, order dated 06.04.2023, order dated
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
07.04.2023, order dated 10.04.2023 and order dated 17.04.2023 as
under:-
Order Dated 23.02.2023
"Heard learned counsel for the writ petitioners in
all these matters. Also heard Mr. S. Raza Ahmad,
learned AAG-5 and Mr. Arvind Ujjwal, learned
SC-4 assisted by their Assisting Counsel Mr.
Bijoy Kumar Sinha and Mr. U.P. Singh
respectively for the State.
What has ultimately transpired from the
discussions at the Bar that the Public Health
Engineering Department, Government of Bihar
through its authorities are indulging in passing
conflicting orders in the matter of regularization
of the daily wagers under the policy decision of
the government as contained in Resolution No.
639 dated 16.03.2006. In all these matters, the
petitioners are the daily wagers who were engaged
in the different establishments/work of the Public
Health Engineering Department prior to the cut
off date i.e. 11.12.1990.
Learned counsel for the petitioners in CWJC
No.20837 of 2018 has relied upon a judgment of
the Hon'ble Division Bench in the case of Ram
Tapeshwar Sah & Ors. Vs. State of Bihar and
others and other analogous matters reported in
2006(3) PLJR 376 wherein, in paragraph '8' the
stand of the State in its counter affidavit has been
recorded. This Court would reproduce paragraph
'8' of the said judgment as under:-
"8. A reply to the counter affidavit has also been
filed, but when the matter was finally heard on
10.05.2006, learned Additional Advocate General-
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
II, on behalf of the respondent-State Government
made the following submissions;
(a) The Government has taken a policy decision
dated 16.03.2006 that any employee of Class IV
having been appointed and having completed 240
days working as a daily wager prior to 11th
December, 1990 shall be entitled to be considered
for regularization in the Public Health
Engineering Department.
(b) The work charge employees of Class III and
IV who have been reverted to the status of daily
wager will be also entitled to be considered for the
purpose of benefit of the said decision for
regularization.
(c) The case of the petitioners who are fulfilling
the eligibility criteria as per the aforesaid policy
will be considered and finalized on or before 30 th
September, 2006 and the inter-se seniority will be
fixed on the basis of the initial entry in the work
or service."
One of the grievances of the petitioners is that
despite the undertaking given before this Court
that the case of the petitioners who are fulfilling
the eligibility criteria as per the policy will be
considered and finalized on or before 30 th
September, 2006 and the inter-se seniority will be
fixed on the basis of the initial entry in the work
or service, the department never abided by the
said undertaking and considered the cases of the
eligible candidates taking into consideration their
date of birth. This was in clear breach of the
undertaking contained in the affidavit of the
department and this has resulted in huge
discrimination inasmuch as the persons who were
working in the year 1982 were not regularized
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
whereas the persons who started working in the
year 1988 got regularized.
Learned counsel for the petitioners in CWJC
No.11533 of 2018 has placed before this Court a
report of the Three Men Committee as contained
in Annexure- '26' of the rejoinder to submit that
as back as on 20.08.2015, the said
Committee was constituted to consider the cases
of the eligible candidates in the light of the policy
decision of the government. The said Committee
noted that 2277 new posts were created in the
department with an intention to absorb the daily
wagers. The Committee further found that against
the said sanctioned post 1884 daily wagers had
already been absorbed and against rest of 393,
presently engaged 224 daily wagers are being
considered for absorption. Learned counsel points
out from the materials available on the record that
against 224 daily wagers, 144 were in the
divisions and whether they may be adjusted or
not, on this point the Committee expected a
guideline from the General Administration
Department, Government of Bihar. It appears
that the General Administration Department,
however, left it for the Administrative Department
to take a view thereon.
Learned counsel for the petitioners submits that
from Annexure- '13' and '14' of the writ
application which are judgments of this Court in
CWJC No.692 of 2017 and in CWJC No. 20170
of 2016 it would appear that on earlier occasion
also the petitioners and the persons similarly
situated to the petitioners had occasion to come to
this Court raising their grievances and this Court
had directed the respondents to consider their
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
cases in the light of the government's policy
because they were engaged prior to the cut off
date i.e. 11.12.1990.
It is submitted that instead of considering their
cases for regularization in terms of the
government's policy, the engagement of the
petitioners has been terminated on a completely
vague and misconceived ground giving an
impression as if they are the appointees of the
period after the cut off date i.e. 11.12.1990.
Learned counsel has further pointed out that
similarly situated persons namely Umesh Mandal,
Md. Abdul Karim and Dinesh Kumar Singh had
moved this Court in CWJC No.20170 of 2016,
CWJC No.4855 of 2017 and CWJC No.12030 of
2017. They alleged that on the one hand they have
not been regularized in terms of the government's
policy but they have been removed from service
under the order of the Executive Engineer. A
learned coordinate Bench of this Court having
noticed the entire facts and circumstances quashed
the order of termination bearing memo no.640
dated 18.07.2017, memo no.641 dated 18.07.2017
and memo no.642 dated 18.07.2017 in the
respective writ applications and respondents were
directed to pass appropriate orders for regularizing
the services of those petitioners with effect from
the date the other 43 panelists had been
regularized and such orders were required to be
issued within a period of six weeks. Learned
counsel submits that being aggrieved by the
judgment of the learned writ Court, the State of
Bihar preferred LPA No.951 of 2018, LPA No.952
of 2018 and LPA No.953 of 2018 which were
ultimately dismissed vide order dated 11.09.2019.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
All the three petitioners came to be reinstated in
service.
Learned counsel further submits that the order of
the Hon'ble Division Bench was subject to
challenge in Special Leave to Appeal (C) No.
3712 of 2021 which was also dismissed.
In the aforementioned background of the cases,
learned counsel for the petitioners submits that the
order of termination of the engagement of these
petitioners are liable to be quashed and their cases
be also considered keeping in view
the policy decision of the government as
contained in resolution no.639 dated 16.03.2006
and the various decisions of this Court rendered
from time to time in the matters of similarly
situated persons.
Without going into the contention of the State at
this stage, one thing which is evident from the
records is that because the department has not
followed the Bihar Litigation Policy and they have
not considered the similarly situated cases in like
manner, the litigations have cropped up over the
period. Instead of passing consistent orders in case
of similarly situated persons, different authorities
have passed conflicting orders at different stages
and now it has been left for this Court to resolve
the issue.
Mr. S. Raza Ahmad, learned AAG-5 and Mr.
Arvind Ujjwal, learned SC-4 both have given this
Court to understand that they will discuss this
matter with the Principal Secretary of the
Department within one week from today and they
will find out a modality as to how all these cases
be reconsidered and an appropriate view be taken
consistent with the policy decision of the
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
government and the judicial pronouncements on
the subject.
This Court, as a measure of last resort is granting
four weeks time to the State. Within one week
from today, the Principal Secretary, P.H.E.D. shall
discuss the matter with the learned AAG-5 and
SC-4 or with any other learned counsel and draw a
modality as to how he wishes to resolve this
situation. Thereafter, the exercise required in
respect of these writ petitioners be taken up
expeditiously and a resolution be reached subject
to result of these writ applications within a period
of three weeks thereafter.
Such report showing exercise in the matter of all
these petitioners would be placed before this
Court with an affidavit well before the next date
of listing.
List these cases on 28.03.2023 under the same
heading maintaining their position."
Order Dated 03.04.2023
"Since the copy of the counter affidavit has been
served upon learned counsel for the petitioners
only today, a prayer for pass over has been made.
Learned counsel(s) for the petitioners have
submitted that they are not required to file any
rejoinder to the counter affidavit.
As prayed, let these cases be passed over."
Order Dated 04.04.2023
"These writ applications have been taken up
together for consideration.
Yesterday, this Court recorded in the order that
learned counsel(s) for the petitioners have
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
submitted that they are not required to file any
rejoinder to the counter affidavit.
In course of hearing today, it transpired that the
said statement was made by Mr. Siyaram Pandey,
learned Advocate appearing in CWJC No.
11533/2018. The fact is that the copy of the
counter affidavit has not been served on all the
learned counsel(s) representing the petitioners in
their writ applications. They have submitted
before this Court that in such circumstance it
would not be in the interest of justice to shut them
out from filing a rejoinder to the counter affidavit.
This Court agrees with the submission.
Mr. S. Raza Ahmad, learned AAG-5 and other
learned counsel for the State undertake to serve
copy of the counter affidavit on learned counsel(s)
for the petitioners in all the writ applications by
tomorrow.
Mr. S. Raza Ahmad, learned AAG-5 has drawn
the attention of this Court towards the statements
made in the second supplementary counter
affidavit filed on behalf of respondent no. 2, 5 to
8. In paragraph '28' of the said affidavit the
following statements have been made :-
"28. That considering the long engagement of the
petitioners as a daily wager employee, the
department proposes to continue them as a daily
wager employee till their age of retirement. In the
year 2018, the services of 217 daily wager
employees have been terminated. Out of 217 daily
wager employee, 181 daily wager employees have
not attained the age of superannuation, hence,
they can be continued as a daily wager employees
till their age of retirement."
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Learned AAG-5 submits that in view of the stand
taken in paragraph '28' of the affidavit a
consequential order shall be issued within next
two days and the 181 daily wager employees who
have not attained the age of superannuation shall
be taken back on work. In this view of the matter,
this Court directs the competent authority to issue
the consequential order by 06.04.2023 and allow
all such daily wager employees to resume their
work. The issue of their termination and the
consequential reliefs which may be allowed to
them for the interregnum period shall be subject to
result of these writ applications.
Learned AAG-5 has submitted that in compliance
of the order dated 23.02.2023 passed by this
Court, a detail discussion took place with the
Principal Secretary, P.H.E.D. The minute of the
meeting presided over by the learned Advocate
General has been brought on record as Annexure
'R' to the second counter affidavit.
Perusal of Annexure 'R' would show that it
contains information under three heads:
(1) Whether the petitioners in each of the writ
applications possessed requisite eligibility as per
the relevant policy;
(2) whether the name of petitioners appear in the
seniority list; and
(3) The reasons for their not having been
absorbed.
As regards the thirty (30) petitioners in CWJC
No. 11533/2018 all the three columns have been
shown against them, meaning thereby that they do
not possess the requisite eligibility, their names do
not find place in the seniority list and they have
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
not been absorbed in want of availability of the
posts.
As regards the other petitioners in the other writ
applications, the first two columns have been
shown in positive, meaning thereby that they
possessed requisite eligibility and their name
appeared in the seniority list but they could not be
absorbed due to non-availability of posts.
Exceptions to this class of the petitioners are (1)
Sudhesh Jha in CWJC No. 9322/2018, (2) Jitendra
Kumar Yadav in CWJC No. 12020/2018 and (3)
Md. Kamruddin in CWJC No. 12756/2018 about
whom it has been stated that they did not possess
requisite eligibility and their names do not appear
in the seniority list.
What transpires from the chart enclosed with the
minutes of the meeting (Annexure 'R') is that
most of the petitioners who are eligible and whose
name appear in the seniority list could not be
absorbed in want of availability of posts.
Learned counsel for the petitioners in CWJC No.
20837/2018 (Dina Nath Jha & Ors. Vs. The State
of Bihar and Ors.) as also in CWJC No.
9149/2019 (Bhuneshwar Chaudhary Vs. The State
of Bihar and Ors.) have strongly contested this
information furnished in the chart. Learned
counsel for the petitioners have prima-facie
shown from the averments made in the writ
applications as also the enclosures thereto that the
persons placed below in the seniority list have
been absorbed and in the Division such as Purnea
Division there are still vacant posts. It is stated
that two of the petitioners in CWJC No.
20837/2018 have attained the age of
superannuation during pendency of this writ
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
application. There are specific statements to this
effect in paragraph '25' to the writ application and
in support of the vacancy, learned counsel has
relied upon Annexure '7' to the writ application.
There is no denial to the same on the record.
Similarly Mr. Siyaram Shahi, learned counsel
representing the petitioners in CWJC No.
9149/2019, CWJC No. 21407/2019 and CWJC
No. 8964/2019 has submitted that these petitioners
are present in the seniority list of the Munger
Division. It is submitted that in the Munger
Division also the vacancies are available and out
of twenty eight (28), nine (9) vacancies are still
there. It is submitted that there is no reason as to
why the posts which were specially created to
absorb the daily wagers like the present petitioners
would not be filled up from amongst those whose
names appear in the seniority list.
Mr. Gajendra Kumar Jha, learned counsel
representing the petitioners in CWJC No.
9322/2018 submits that in his case the petitioner
no. 1 and 5 have died during pendency of the writ
application. They pertained to Madhubani
Division and there also the vacancies exist.
In CWJC No. 11533/2018, Mr. Siyaram Pandey,
learned counsel for the petitioners has contested
the information furnished in the chart. It is
submitted that as regards the thirty (30) petitioners
only a vague statement has been made in the chart
saying that they do not possess the requisite
eligibility. It is his submission that the fact is that
these petitioners are working as daily wagers since
a period prior to 11.12.1990. Learned counsel
further submits that as regards the availability of
the vacancies in Gaya Division from where these
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
petitioners come, it is stated in the chart that there
is no vacancy for absorption, but the fact is that
there are 26 vacancies as on 23.07.2018.
Learned counsel(s) for the petitioners have,
therefore, jointly submitted that when it is an
admitted position appearing from the records that
all the 2273 posts which were created for
absorption of the daily wagers in terms of the
policy decision of the government have not been
filled up then how the department can come with a
statement that there is no available vacancy. It is
also pointed out that what has been taken note of
by this Court in it's order dated 23.02.2023 on
internal page 10 (second paragraph) of the order
have not at all been answered by the department.
Having heard learned counsel(s) for the
petitioners, learned AAG-5 for the State and other
learned counsel for the State, this Court deems it
just and proper to take up these writ applications
on day to day basis from 06th April, 2023.
To resolve the whole issue arising out in the
present writ application, it would be necessary
that the Divisional head of each of the Division of
the P.H.E.D. assist the learned AAG-5 and other
learned counsel and remain present with them
with the records containing all relevant
information to answer the Court's query. The
Court leaves it to the wisdom of learned AAG-5 to
call the Divisional heads of at least four Divisions
on a particular day as per his choice with the
records and assist this Court.
It is stated that CWJC No. 3820/2022 (Rajeshwar
Thakur Vs. The State of Bihar & Ors.) relates to
the Health Department and is not to be heard as an
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
analogous to these matters. Accordingly, CWJC
No. 3820/2022 is de-tagged.
List accordingly."
Order Dated 06.04.2023
"Pursuant to the order passed day before
yesterday, Mr. S. Raza Ahmad, learned AAG-5
and Mr.Vijay Kumar Sinha, learned AC to AAG-5
together with the Executive Engineers of four
divisions namely- Gaya, Purnea, Munger and
Sheikhpura are present.
This Court has been informed that in compliance
of the order of this Court which is in terms of the
stand of the Department, the Department has come
out with a Letter No. 3-1093/2018-387 under
signature of the Principal Secretary, PHED. The
daily wagers who were retrenched have been
directed to be taken on work. The letter is
addressed to all the Executive Engineers of the
different divisions.
This Court expects that they will comply with the
direction without any delay and no harassment
shall be caused to the daily wagers while
accepting their joining.
Mr. Raghvendra Kumar, Executive Engineer,
Gaya Division has informed that in the year 2006,
2277 posts were created for purpose of absorption,
50 posts were meant for Gaya Division and all the
50 posts were duly filled up in accordance with
the policy decision.
Mr. Siyaram Pandey, learned counsel for the
petitioners in CWJC No. 11533 of 2018 does not
dispute this position.
Mr. Anil Kumar, Executive Engineer, Purnea
(Mechanical Division) has informed that for the
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Mechanical Division, Purnea, 61 posts were
created out of which 50 posts were filled up and
presently 11 posts are available.
Mr. Avi Ranjan, Executive Engineer, Munger
Division has informed that 28 posts were meant
for Munger Division out of which 23 posts were
filled up and presently 5 posts are available.
Mr. Ravi Prakash, Executive Engineer,
Sheikhpura Division has informed that 52 posts
were created for this division out of which 50
posts were filled up. According to him, 2 posts
were meant for the backward class women but
there being no suitable candidate from the said
class, those two posts remained vacant.
Let these matters be passed over for the day."
Order Dated 07.04.2023
"Today four Executive Engineers from different
Divisions have furnished the information with
respect to their respective Divisions.
Mr. Chandra Bhushan, Executive Engineer, P.H.
Division, Samastipur has informed that out of 43
posts, 36 persons were absorbed. The seven posts
remained vacant. Out of these 07 posts, 05 belong
to Scheduled Castes and 02 belong to Backward
Class women. Since there was no candidate in the
seniority list from amongst these categories, the
posts remained vacant.
At this stage, Mr. Siyaram Pandey, learned
counsel for the petitioners in some of the writ
applications rose to submit that the statement
given by the Executive Engineer is not correct. He
has placed before this Court a copy of the
Judgment dated 12.12.2022 passed in CWJC No.
11799 of 2018 (Binod Ram and Ors. Vs. the State
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
of Bihar & Ors.) to submit that Binod Ram
happened to be a candidate from Scheduled Castes
Category and his name appears in the seniority list
of Samastipur Division. There are other three
persons who were petitioners in the said writ
petition and they belong to Scheduled Castes. It is
submitted that this Court is being misled by
saying that there is no candidate in the seniority
list from amongst the Scheduled Castes Category.
Learned counsel further submits that despite the
direction of this Court vide Judgment dated
12.12.2022 in CWJC No. 11799 of 2018, the
petitioners have not been taken back. The
Executive Engineer, Samastipur initially made a
statement that they have been taken back but very
soon, he realised that his statement may not be
correct, therefore, he has submitted that in this
regard he will make statement by 2:15 P.M. today.
Mr. Subodh Shankar, Executive Engineer,
Darbhanga has informed that 54 posts were
created for this Division out of which 52 posts
were filled up. The two remaining posts belong to
the unreserved female, since there is no candidate
from unreserved female, the posts remained
vacant.
Mr. Vivek Kumar, Executive Engineer, Patna
(East) has informed that 55 posts were created out
of which 53 posts were filled up and two posts
belonging to Backward Class female have
remained unfilled in want of candidates. Mr.
Siyaram Pandey, learned counsel has once again
brought to the notice of this Court that in Patna
(East) the order of this Court is not being
complied with and the poor persons are being
harassed. In this connection, he has brought to the
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
notice of this Court the order dated 21.11.2022
passed in CWJC No. 12931 of 2018 which has
given rise to a contempt proceeding being MJC
No. 875 of 2023. The Executive Engineer (East)
has undertaken to furnish complete information in
this regard after verification of records. He has
ensured that the order will be complied with
immediately.
Mr. Abhijeet Kumar, Executive Engineer, Patna
(West) has informed that out of 97 posts,
candidates for 92 posts were recommended but
ultimately only 90 could join. The remaining 7
posts could not be filled up because out of these
07 posts, 1 post is meant for unreserved, 1 post is
meant for Scheduled Castes, 2 posts are meant for
Scheduled Tribes and 3 posts are meant for
Backward Class Female and in either of these
categories, there is no suitable candidate.
In course of hearing today, Mr. Lalan Kumar
Singh, learned Advocate has placed before this
Court a copy of the order dated 16.09.2019 passed
in CWJC No. 16866 of 2011 to submit that despite
the direction of this Court to consider the claim of
the petitioners, the respondents have not
considered their claim and they have been
compelled to file a contempt application being
MJC No. 231 of 2020.
Mr. Vivek Kumar, Executive Engineer, P.H.
Division Patna (East) who is present in Court has
taken note of it and will inform this Court about
the action taken pursuant to the direction of this
Court as mentioned above.
Learned counsel has further pointed out that two
persons whose name appeared in the seniority list
of Patna (East) Division namely Raghunath Ram
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
and Suryadev Prasad who belong to Scheduled
Castes and Backward Class category respectively
have been absorbed in the year 2017 during
pendency of the contempt application in
Biharsharif, P.H. Division. It is submitted that in
fact from the minute of the meeting itself it will
appear that for purpose of absorption, no care has
been taken that a particular employee be absorbed
in the same category in which he was working. In
case of availability of post in any other category
his candidature has been considered for
absorption. This has been brought to the notice of
this Court to submit that the claim of the
petitioners for absorption may be considered not
only against the posts available in the respective
Division and against the category of post on
which they were working but they may also be
considered outside the Division against any other
category of post because this is what the
respondents have done on their own.
Mr. Singh, learned counsel has further brought to
the notice of this Court that in case of Chapra
Division in the matter of Surendra Singh and
Others versus State of Bihar and Others, they
were absorbed after de-reserving the posts which
had remained vacant due to non-availability of the
candidates under the reserved category.
At 2:15 P.M., the Executive Engineer, P.H.
Division, Samastipur appeared with Mr. S. Raza
Ahmad, AAG-5 and submitted that the
consequential order reinstating Binod Ram and
Others has been issued.
The matter will continue on Monday when
information with regard to other Divisions shall be
furnished to this Court.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
In the meantime, it is expected that the orders
which are being recorded by this Court are duly
discussed with the Principal Secretary of the
Department for arriving at further conclusions.
List these matters on Monday i.e. 10.04.2023."
Order Dated 10.04.2023
"Heard learned counsel for the petitioners, Mr. S.
Raza Ahmad, learned AAG-5 assisted by Mr.
Bijoy Kumar Sinha, learned counsel and Mr.
Arvind Ujjwal, learned SC-4 for the State.
In course of today's submissions, this Court has
been informed by Mr. Vivek Kumar, Executive
Engineer, Patna (East) that the order dated
21.11.2022 passed in CWJC No. 12931 of 2018
has been complied with.
Mr. Kumar Pradeep, Executive Engineer from
Nawada P.H. Division has informed that there
were 51 posts created at Nawada, out of which 29
posts were filled up. As on today, according to
him, 22 posts are still vacant. In these 22 posts, 08
posts are for Scheduled Castes, 09 posts are for
E.B.C. and 02 posts are for Backward Class
(Female).
Mr. Pawan Kumar, Executive Engineer, Buxar
has informed that 35 posts were created out of
which 30 posts have been filled up and 05 posts
remained vacant. He has further informed that in
Buxar P.H. Division all persons in the seniority
list have been absorbed. Out of the 05 remaining
posts, 01 is for Scheduled Castes, 01 for O.B.C.
(Female) and 03 are for Unreserved category.
Mr. Ali Haider, Executive Engineer, Jehanabad
has informed that out of 32 posts, 20 posts have
been filled up leaving behind 12 posts but all in
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
the seniority have been absorbed in this Division.
Out of 12 remaining posts, 02 are for Scheduled
Castes, 01 for Backward Class, 03 for E.B.C., 01
for Backward Class (Female) and 05 for
Unreserved category.
Mr. Kumar Arup, Executive Engineer, Ara has
informed that out of 44 posts meant for this
Division, 35 posts have been filled up leaving
behind 09 posts. He submits that in the seniority
only one candidate remains to be absorbed, he
belongs to unreserved category but in Ara
Division, out of 09 vacant posts, 06 are for
Scheduled Castes, 02 for O.B.C (Female) and 01
for O.B.C. (Male).
After today's proceeding what has largely
transpired may be summarized as under-
(i) The second supplementary counter affidavit
which contains the minutes of the meeting held on
23.02.2023 in the Chamber of learned Advocate
General itself records that 393 posts remained
vacant due to unavailability of the posts as per
reservation category.
(ii) The chart which has been brought on record is
not correctly showing the reason for non-filling up
of the available posts. This is said keeping in mind
the undisputed fact that the Department has
absorbed some of the candidates from one
category to another category and instances have
been placed before this Court to show that some
of the candidates belonging to one P.H. Division
have been absorbed in another P.H. Division.
(iii) From Annexure '4' to the second
supplementary counter affidavit of the Respondent
Nos.2, 5 to 8, it appears to be an admitted fact that
the seniority list was prepared on the basis of the
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
date of birth of the employees whereas in the case
of Ram Tapeshwar Sah and Others Vs. the State of
Bihar and Others reported in 2006 (3) PLJR 376,
it was agreed by the State on affidavit that the
inter-se seniority will be fixed on the basis of the
initial entry in the work or service.
It is evident from the records that this mandate of
preparing seniority list as per date of entry in
service has been completely breached and the
undertaking given by the State in its counter
affidavit in the case of Ram Tapeshwar Sah has
been violated as a result whereof those who were
required to be placed above in the seniority list
went down because of their later date of birth.
This is not only prima-facie contemptuous but
renders the whole exercise questionable.
Since the matter is well within the knowledge of
the learned Advocate General and Mr. S.Raza
Ahmad, learned AAG-5 is representing the State,
this Court is of the opinion at this stage that if any
of the daily wagers who was required to be
absorbed as per his seniority has suffered what
was due to him long back and as per the judgment
in the case of Ram Tapeshwar Sah, the petitioners
would have been entitled for absorption, there is
no reason why even at this stage they should
not get benefit of that.
To cut short the matter, now this Court agrees
with the submissions of learned AAG-5 that as
respect other PH Divisions similar information
may be obtained from the respective Executive
Engineers and the same be placed on the record as
also may be considered by the competent
authority while taking an overall view of the
matter.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Let the matter be discussed in wider perspective
by the officials, an appropriate view be taken and
informed to this Court.
List these matters on 17.04.2023 under the same
heading maintaining their position."
Order Dated 17.04.2023
"Today, some affidavits have been filed on behalf
of the State. Those are on the point as to how
many vacancies are available in the concerned
division of the Public Health Engineering
Department (hereinafter referred to as the
"PHED"). Affidavits have been sworn by the
respective Executive Engineers of the Division.
Let the same be taken on the record.
This Court has already summarized what has
transpired from the records. In this connection, the
order dated 10.04.2023 may be referred to.
In today's hearing, learned counsel for the
petitioners have submitted that the Three Men
Committee comprising the then Principal
Secretary, Engineer-in-Chief and Chief Engineer
(Mechanical) of the PHED acted contrary to the
mandate of the order of this Court in CWJC No.
7359 of 2002 (Ram Tapeshwar Sah and Others
versus The State of Bihar and Others) and other
analogous matters. It is submitted that these
petitioners had also been before this Court and
their cases are covered by the judgment in the case
of Ram Tapeshwar Sah (supra).
It is pointed out that in the case of Ram
Tapeshwar Sah (supra) and other analogous
matters, by filing a reply to the counter affidavit,
the learned Additional Advocate General-II
categorically submitted on behalf of the
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
respondents- State Government that " the case of
the petitioners who are fulfilling the eligibility
criteria as per the aforesaid policy will be
considered and finalized on or before 30 th
September, 2006 and the inter-se seniority will be
fixed on the basis of the initial entry in the work
or service..."
Learned counsel submits that the Hon'ble
Division Bench accepted the affidavit, specifically
referred the same in Paragraph '13' of its
judgment and granted liberty to the petitioners to
move the said Committee after it is approved by
the government raising their grievances in
accordance with law settled by the Hon'ble
Supreme Court.
Learned counsel submits that in the
aforementioned background, when the Committee
considered the case of the petitioners, the
Committee violated the affidavits filed on behalf
of the respondent- State Government and instead
of preparing the seniority list on the basis of an
initial entry in the work or service, the said
Committee chose to take the date of birth as the
reckoning factor for purpose of preparation of the
seniority list. Because of this, a person whose
entry in service was much after another person got
preference over that another person because he
happened to be elder to him. Thus, by violating its
own affidavit, the Committee created a problem
for those who were required to be placed above in
the seniority list considering their date of entry
into service.
Learned counsel submits that for their willful
disobedience to the order of this Court and the
undertaking given before this Court in form of an
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
affidavit, they are liable to be proceeded against
by initiating a contempt of court proceeding.
Learned counsel has placed before this Court a
copy of the office order no. 66 dated 11.08.2012
issued under the signature of the Executive
Engineer, PHED, Chapra. This office order would
show that three employees namely Surendra
Singh, Harendra Prasad Singh and Satrudhan
Prasad Singh who belonged to backward class and
extremely backward class were absorbed against
the vacant posts which were for the Scheduled
Castes and Extremely Backward Class (Female).
On the strength of this office order, learned
counsel submits that if persons similarly situated
with the petitioners could be absorbed against the
vacant posts by breaking the roster, there is no
reason why the remaining unfilled posts which are
still lying with the department cannot be filled up
from amongst the petitioners. It is submitted that
if the seniority of the petitioners should have been
taken into consideration, they would have been
placed much above the candidates who have been
absorbed on the basis of their date of birth.
Learned counsel for the petitioners in CWJC No.
11533 of 2018 has drawn the attention of this
Court towards Annexure 'R/3' to the reply to
counter affidavit filed on behalf of respondent nos.
1, 2 and 5 to 8. It is submitted that vide office
Order No. 209 dated 14.08.2018, the Engineer-in-
Chief-cum-Special Secretary, PHED, absorbed
Umesh Mandal, Md. Abdul Karim and Dinesh
Kumar Singh who were the employees of the
Araria Division against the vacant posts in
Biharsharif Division. It is submitted that the
respondents have been doing this shifting from
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
one Division to another Division in the light of the
orders of this Court, therefore, at this stage, it
would not be fair on their part in taking a plea that
the petitioners of a particular Division cannot be
absorbed/adjusted against the vacancies of the
year 2006 available in other Divisions.
The instances are on the record and those are
speaking for themselves.
Mr. S. Raza Ahmad, learned AAG-5 and Mr.
Arvind Ujjwal, learned SC-4 as also Mr. Bijoy
Kumar Sinha, leanred AC to AAG-5 have assisted
this Court on behalf of the respondents. Mr. Raza,
learned AAG-5 has though initially took a plea
that the policy of the Government dated
16.03.2006 was not under challenge, therefore, the
appointments made as per the said policy
conditions is in accordance with law, however,
having gone through paragraph '8' of the
judgment of the Hon'ble Division Bench in which
the submissions of learned Additional Advocate
General- II based on the affidavit filed in the court
on behalf of respondent State are contained, Mr.
Raza, learned AAG-5 very soon realized that what
was recorded in the affidavit and submitted before
the Court was not followed.
At this stage, this Court requested learned AAG-5
to carry out an exercise as to whether the
petitioners, from the date of their entry into the
service would have been placed above the
employees who have already been absorbed on the
basis of date of birth. Mr. Raza, learned AAG-5
submits that he will instruct the Department to
carry out such exercise and will revert to this
Court with a report on this within a period of 10
days from today.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
As prayed, list these cases on 28th April, 2023
under the same heading, maintaining their
position.
On the said date, the learned AAG-5 will also
inform this Court as to who were the officers in
the Three Men Committee against whom it is
alleged that they had prepared the seniority list on
the basis of date of birth ignoring the date of entry
into the service. On this point, learned counsel for
the petitioners has shown to this Court that an
Inquiry Report (Annexure '26') submitted by
another Three Men Committee reveals that earlier
Three Men Committee should have prepared the
seniority list on the basis of the date of entry into
the service which they had not done. This Court
has made it clear to the learned AAG-5 that in
ultimate analysis, if it is found that the Committee
constituted in the light of the judgment of this
Court in Ram Tapeshwar Sah (supra) had
willfully disobeyed the undertaking given before
this Court in form of an affidavit and submission
which form part of the judgment of this Court, this
Court would consider instituting a contempt
proceeding against them.
List accordingly."
Order Dated 28.04.2023
"An application has been filed on behalf of the
respondents wherein it is stated that vide Memo
No.435 dated 20.04.2023 a Three Men Committee
has been constituted presided by the Engineer-in-
Chief-cum-Special Secretary, P.H.E.D. to submit a
report in terms of the directions issued by this
Court vide order dated 17.04.2023. The
Committee has been directed to submit its report
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
within one week. The subsequent developments
have also been mentioned in the affidavit. In
paragraph '5', it is stated that for preparing inter
se seniority of the petitioners of batch cases in
accordance with the date of entry in service
proportionate to the employees who have been
regularized in accordance with the inter se
seniority on the basis of date of birth require vast
exercise and a report is required to be sought from
all the respective divisions of the Department and
thereafter the Three Men Committee shall prepare
a report with respect to inter se seniority of the
petitioners.
In the aforesaid view of the matter, a prayer has
been made to grant further two weeks time to
complete the whole exercise and submit a report
to this Court.
Let these cases be listed on 12.05.2023 under the
same heading maintaining their position.
This Court has been informed that the petitioner
Bushundeo Mishra in CWJC No.11184 of 2019
and the petitioner Ramesh Prasad Yadav in CWJC
No.4812 of 2021 are covered by the earlier of this
Court but they have not been taken back.
Let the respondents examine it and in case it is
found that they are covered by the earlier of this
Court, their joining be issued as early as possible."
6. Pursuant to the aforesaid directions issued by this
Court, the respondents have taken up some exercise. Today, a third
supplementary counter affidavit has been filed on behalf of
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
respondent nos. 2 and 5 to 8. Paragraphs '7' to '16' of the third
supplementary counter affidavit are being reproduced hereunder:-
"7. That it has already been stated in the application
seeking extension of time for filing of second
supplementary counter affidavit that in compliance of
aforesaid direction vide Departmental Letter No. 95
contained in Memo No. 435 dated 20.04.2022 a three
men committee has been constituted presided by the
Engineer-in-Chief cum Special secretary, PHED
consisting of Chief Engineer, North Bihar, PHED and
Chief Engineer, South Bihar, PHED being the member
of the committee to submit a report in terms of
direction issued vide order dated 17.04.2023. The
committee is directed to submit its report within one
week.
8. That it has already been stated that vide
Departmental Letter No. 449 dated 26.04.2023, the
Joint Secretary, PHED made a communication to all the
Executive Engineers of their respective divisions save
and except the Executive Engineers of divisions whose
name indicated in the letter stating therein that in the
light of order dated 17.04.2023 passed in CWJC No.
11533 of 2018 and analogous cases a division wise
seniority list has been prepared on the basis of date of
entry in service. It has been further stated that the
photocopy of seniority list is annexed with the letter. It
has been further informed that few Divisional Offices
have not provided information with regard to date of
entry in service, date of birth and reservation category
of few daily wager employees of their respective
divisions as such the same could not be mentioned in
the seniority list. The respective divisions have been
directed to confirm the mentioned facts and documents
in the seniority list of respective divisions and if any
information found to be incomplete or defective then in
such circumstances an objection along with supporting
evidences shall be provided to the department within
two days and if there is no objection with regard to
prepared seniority list, a certificate to that effect shall
be submitted before the department within two weeks.
9. That in compliance of direction issued vide order
dated 28.04.2023, the three men committee prepared a
seniority list on the basis of date of entry in service.
10. That in the aforesaid exercise the case of petitioners
(total 30) of CWJC No. 11533 of 2018, Sri Jitendra
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Kumar petitioner on CWJC No. 12020 of 2018, Md.
Kamruddin petitioner of CWJC No. 12756 of 2018 and
Sri Sudesh Jha petitioner of CWJC No. 9322 of 2018
have also been considered since their case have not
been considered in the year 2006-07.
11. That it is humbly submitted that the case of the
petitioner Bishundeo Mishra in CWJC No. 11184 of
2019 as indicated in the order dated 28.04.2023 relates
to irrigation department as such his case does not come
under consideration in the present batch of cases.
12. That the case of the petitioner Ramesh Prasad
Yadav in CWJC No. 4812 of 2021 as indicated in the
order dated 28.04.2023 has already been rejected by the
department vide Departmental order contained in
Memo No. 1987 dated 26.12.2019 on the ground that
the petitioner was earlier posted as a typist and his case
could not be considered against the 2277 newly created
and sanctioned Group-D Technical Post.
13. That it is humbly submitted that the case of
Petitioner Nilesh Kumar in CWJC No. 14619/2018
relates to Bihar Rajya Jal Parshad, Where no post of
Group-D technical post was created.
14. That the Three Men Committee after considering
the entire material available on record found that out of
156 petitioners, only 21 petitioners were entitled for
regularization off their services in terms of inter se
seniority prepared on the basis of date of entry in
service. Out of 21 entitled petitioners, 3 petitioners
namely Dinanath Jha in CWJC No. 20837/2018,
Devanand Jha in CWJC No. 20837/2018 and
Ramchandra Singh in CWJC No. 9237/2018 have
attained the age of retirement. The three men
committee after due consideration issued a detailed
report on 09.05.2023.
15. That from perusal of the detailed chart annexed
with the report dated 09.05.2023, it is evident that the
petitioner Rajeev Kumar Singh of CWJC No.
5064/2017 (Rajeev Kumar Singh versus the State of
Bihar and others), petitioner Dharmnath Singh,
Rameshwar Singh, Ramashish Ram of CWJC No. 7691
of 2018 (Dharmnath Singh and others versus The State
of Bihar and others), petitioner Ram Chandra Kumar @
Ram Chandra Singh of CWJC No. 7760 of 2018 (Ram
Chandra Kumar @ Ram Chandra Singh versus The
State of Bihar and others), petitioner Ram Udit Singh of
CWJC No. 9804 of 2018 (Ramlaulin Rai and others
versus The State of Bihar and others), petitioner
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
Kanhaiya Prasad of CWJC No. 14337 of 2018
(Rajeshwar Prasad and another versus The State of
Bihar and others), petitioners Abhay Kumar Verma,
Gajendra Kumar Mishra, Pravin Kumar Mallik of
CWJC No. 13726 of 2018 (Virendra Kumar Bhagat and
others versus The State of Bihar and others), petitioners
Dinanath Jha, Devanand Jha, Shashi Chandra Jha,
Shashi Nath Jha of CWJC No. 20837 of 2018
(Dinanath Jha and others versus The State of Bihar and
others), petitioner Rajwansh Lal of CWJC No. 13895 of
2018 (Rajwansh Lal Versus The State of Bihar and
others), petitioner Ajay Kumar of CWJC No. 8964 of
2019 (Ajay Kumar versus The State of Bihar and
others), petitioner Bhuneshwar Chaudhary of CWJC
No. 9149 of 2019 (Bhuneshar Choudhary versus The
State of Bihar and others), petitioner Ramchandra
Singh of CWJC No. 9237 of 2018 (Ramchandra Singh
and others versus The State of Bihar and others),
petitioners Ashwini Kumar Singh, Manish Kumar
Chaudhary, Anil Kumar @ Anil Kumar Singh of CWJC
No. 14960 of 2022 (Ashwini Kumar Singh and others
versus The State of Bihar and others) may come under
zone of consideration if the inter se seniority will be
decided on the basis of date of entry in service.
16. That in the facts and circumstances stated above the
order dated 17.04.2023 has been complied with and the
present writ application is fit to be disposed of."
7. Having heard learned counsel for the parties and after
going through the third supplementary counter affidavit, this Court
finds that the issues with regard to regularisation treating the date
of entry into service as one of the parameters have been resolved
to some extent. In terms of their statements made in the third
supplementary counter affidavit, the respondents are hereby
directed to take immediate steps towards regularisation of those
petitioners who have been found entitled for the same.
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
8. Having noticed that the three petitioners, namely,
Dina Nath Jha, Devanand Jha and Ram Chandra Singh were found
entitled for absorption under the 2006 Policy but they were left out
because the then Committee did not examine their cases keeping in
view the judgment of this Court and the affidavit of the State filed
by the learned Additional Advocate General in the said proceeding,
this Court directs the respondents to consider the case of these
three persons also for purpose of giving them benefit of
regularisation. It is well-settled that a person cannot be allowed to
suffer for the wrong committed by the authorities.
9. Let the entire exercise in the aforesaid matters be
carried out and give effect to within a period of two months from
the date of receipt/production of a copy of this order.
10. As regards the other petitioners about whom the
respondents have not found their case within the zone of
consideration as per the Policy of 2006, the respondents are
directed to pass a reasoned order giving all such grounds which are
going against them in the matter of regularization but while doing
so, the respondents must take note of it that they should not be
discriminated and no such ground would be available to the
respondents which have already been given a go-bye by the same
respondents in case of other similarly situated. In case they will be
Patna High Court CWJC No.11533 of 2018 dt.12-05-2023
aggrieved by such reasoned order, liberty will be available to such
persons to seek their remedy in accordance with law.
11. The matters which relate to other Department shall
be referred to those department within a period of one month from
the date of communication of this Court. Since there is no denial
of the fact that the posts are still available, the respondents are
expected to do the complete exercise with all endeavours to confer
the same benefits to the petitioners which have been allowed to
others similarly situated. Several cases have been cited at the Bar
and this Court has taken note of those instances in its orders which
have already been quoted hereinabove in which this Court has
noticed that how the department has conferred benefits to several
persons in different situations.
12. Let the same yardscale be adopted in the case of all
the petitioners.
14. All these writ applications stand disposed of with the
aforesaid directions.
(Rajeev Ranjan Prasad, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date 15.05.2023
Transmission Date
