Patna High Court
Rajeshwar Rao vs The State Of Bihar And Ors on 14 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2518 of 2019
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Rajeshwar Rao Late Bindeshwari Rao resident of Shankar Mandir, Rajendra
Nagar, Ward No. 10, P.S.- Ramgarhwa, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Principal Secretary, Public Health Engineering Department, Govt. of Bihar,
Vishweshwaraiya Bhawan, Bailey Road, Patna.
3. Engineer-in- Chief-cum- Special Secretary, Public Health Engineering
Department, Govt. of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna.
4. Chief Engineer (M), Public Health Engineering Department, Govt. of Bihar,
Vishweshwaraiya Bhawan, Bailey Road, Patna.
5. Chief Engineer, PHED Region, Muzaffarpur.
6. Superintending Engineer, Ph Circle, Motihari.
7. Executive Engineer, PH Division, Motihari
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Adv
Mr.Yashraj Bardhan, Adv.
For the Respondent/s : Mr. Vatsalya Verma, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 14-07-2025
Heard the parties.
2. The petitioner has approached this Court seeking a
direction upon the respondents to consider his application for
regularization on the post of Work Sarkar which he had been
holding since 07.04.1983 till his reversion and further
absorption on the post of Key Man-cum-Chaukidar in the year
2006 while many others similarly situated to him have been
Patna High Court CWJC No.2518 of 2019 dt.14-07-2025
regularized on the post of Work Sarkar. Prayer has also been
made to make payment of arrears of difference of salary
consequent upon extending the benefit of ACP/MACP.
3. At the outset, Mr. Vijay Kumar Singh, learned
Advocate for the petitioner submitted that in view of the
subsequent development, the petitioner having attained the age
of superannuation, as also the settled position of law, now the
petitioner does not press the prayer for regularization of his
services on the post of Work Sarkar, however, his prayer is only
confined to the prayer for grant of ACP/MACP and
consequential benefits along with pay protection in terms with
the resolution as contained in Memo No. 707 dated 22.05.2018
issued by the Public Health & Engineering Department,
Government of Bihar. The referred resolution, inter alia,
stipulates that the employees whose services have been reverted
as a daily wage employee before their absorption will also be
treated under the work charge for such period and they will be
granted pay protection and the benefit of ACP/MACP and other
ancillary benefits. It is further contended that the issue regarding
extending the benefit of ACP/MACP to the Work Charge
Employees also came to be settled and set at rest by the learned
Division Bench of this Court in LPA No. 105 of 2021, copy of
Patna High Court CWJC No.2518 of 2019 dt.14-07-2025
which has been placed as Annexure-P/5 to the rejoinder filed on
behalf of the petitioner.
4. Mr. Vatsalya Verma, learned Advocate for the State
fairly contended with reference to the averments made in the
counter affidavit that the grievance of the petitioner was in
active consideration before the Department. It has further been
informed that in light of the departmental resolution No. .1802
dated 23.03.2006 of the Finance Department the period of work
charge will be counted for the purposes of grant of ACP and the
pension and gratuity shall be paid in accordance with the
resolution No. 10710 dated 17.10.2013 of the Finance
Department. It is also averred in the counter affidavit that the
petitioner would be extended the aforesaid benefits and the
arrears of salary without any further delay.
5. Considering the averments made in the counter
affidavit, especially paragraph nos. 15 and 16 thereof, this Court
deems it appropriate to dispose off the writ petition with a
direction the respondent No. 7 to consider the claim of the
petitioner, as afore noted, and ensure all the admissible
consequential benefits in terms of paragraph Nos. 15 and 16 of
the counter affidavit read with the resolution contained in Memo
No. 707 dated 22.05.2018 as also in the light of the dictum of
Patna High Court CWJC No.2518 of 2019 dt.14-07-2025
this Court in LPA No. 105 of 2021, preferably within a period of
12 weeks from the date of receipt/production of a copy of this
order.
6. The writ petition stands disposed off.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 15 .07.2025
Transmission Date
