PRADIP SAH v. STATE OF BIHAR & Ors.

3. Ram Niranjan Singh son of Sri Gagandeo Singh, resident of village Daudpur P.S.Paroo, dist- Muzaffarpur,

4. Nawal Kishore Choudhary son of Late Gagandeo Kalwari Choudhary, (Chandrabhan) P.S.Kanti Distt-Muzaffarpur, resident village

5. Rakesh Kumar Sharma son of Sri Radha Raman Prasad Singh, resident of village Bhutauna, P.S.Karja, Distt-Muzaffapaur,

6. Bishwanath Prasad, son of late Chandrika Prasad, resident of village Bishunpur, Sri Ram P.S.Sakara Distt-Muzaffarpur. ----------- 2 With LPA No.942 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Superintending Engineer, Public Health Engineering Department, govt. of Bihar, Patna 5.Executive Engineer, Public Health Engineer Mechanical Division, Muzaffarpur. Versus AWADHESH KUMAR son of Sri Bhuwneshwar Rai, resident of village Damodarpur Dumri,P.S.Kurhani, District-Muzaffarpur. ----------- With LPA No.807 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur Versus

1. BHUNESHWAR PD.THAKUR son of late Anirudh Prasad Thakur, resident of village and P.O. Patahi Jagnath P.S.Sadar,Distt-Muzaffarpur

2.Dharmendra Kumar Singh, son of late Niranjan Singh, resident of village Pupri P.O.Dariyapur Kafen, P.s.Kurhani, Distt-Muzaffarpur,

2. Shatrughan Pandit son of Sri Bhrahmedo Pandit, resident of village Basghatta, P.O.Baraitha, P.S.Katra, Distt-Muzaffarpur

3. Bjay Kumar Srivastava son of Sri Bhagwan Prasad, resident of Mohall Mithanpura P.O. Ramna, Distt- Muzaffarpur

4. Binod Kumar son of late Ayodhya Prasad Singh resident of Village and P.O Panapur Kriyat, P.S.Kanti, Distt-Muzaffapur

5. Kapileshwar Rai, son of Late Horil Rai, resident of village Lukki Nandlalpur, P.O.Sakari Saraiya, P.S.Kurhani, District-Muzaffarpur. With LPA No.772 of 2009 3

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Superintending Engineer, Public Health Engineering Department, govt. of Bihar, Patna 5.Executive Engineer, Public Health Engineer Mechanical Division, Muzaffarpur

1.Sheo Kumar Shukla son of late Ramprit Shukla, resident of Village Khajekala Chak, P.S.Lalganj, Distt-vaishali, Versus ----------- With LPA No.845 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Superintending Engineer, Public Health Engineering Department, govt. of Bihar, Patna 5.Executive Engineer, Public Health Engineer Mechanical Division, Muzaffarpur 6. Sub-Divisional Officer, Public Mechanical Sub- Division, Sitamarhi Versus

1. BISHWA RANJAN son of late Hari Shankar Prasad, resident of village Dhebahan, P.S.Kanti District Muzaffarpur. ----------- With LPA No.849 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur 4 Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Versus

1. BINDESHWAR RAI son of late Deep Lal Rai, resident of Village Lukki Nandlalpur, P.O.Sakari Saraiya, P.S.Kurhani, Distt-Muzaffarpur,

2. Nand Kishore Thakur, son of late Ram Briksha Thakur, resident of village Patahi Hari, P.S.Sadar, Distt-Muzaffarpur

3. Anil Kumar Singh son of late Chandrika Singh, resident of village Giyan P.O. Ania Bishunpour, P.S.Karja Distt-Muzaffarpur

4. Devendra Prasad Thakur son of late Ganesh Thakur resident of village Kishun Nagar, P.O. Kanti P.S.Kanti Distt-Muzaffarpur.

5. Pramodo Kumar son of late Sachida Mand Singh, resident of village Raksa P.S.Karja, Distt- Muzaffarpur. ----------- With LPA No.896 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur Versus

1. RAM UDGAR PASWAN son of late Gogar Paswan, resident of village Rampur Shankar, P.O.Mehsi, P.S.Mehsi, District East Champaran, at Motihar, 2. Kanhaiya Singh son of Rajesh Singh, resident of P.S.Kesariya Bhusaulwa,P.O.Rajepur, village Distt- East Champaran, Motihari ----------- With LPA No.905 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 5

2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur Versus HARI KUMAR PATEL son of late Rooplal Singh, resident of Akbari Godown, Chata Chowk, P.S.Kazi Mohammadpur, Distt-Muzaffarpur. ----------- With LPA No.904 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur Versus RAMDEO RAI son of Sri Babulal Rai, resident of vidllage Chandrahia P.S.Kurhni, D8istt-Muzaffarpur ----------- LPA No.903 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur 6 Versus

1. Binay Prasad Singh son of late Baleshwar Prasad Singh, resident of village P.O. P.S.Sarmera, Distt-Nalanda

2. Pramod Kumar I, son of late Singheshwari Prasad, resident of Mohalla Brahmpura P.S.Brahmpura, Distt-Muzaffarpur

3. Kapildeo Prasad, son of Sri Ram Kripal Singh resident of village and P.O.Manjhaul, Dist- Muzaffarpur

4. Devendra Lal son of late Mosaddi Lal, resident of village and P.O. Jajuar, P.S.Katra, district- Muzaffarpur

5. Ram Prasad Mahto son of Dayali Mahto resident of village and P.O.Kathaiya P.S.Kathaiya, Distt- Muzaffarpur,

6. Radha Krishna Ram son of late Angrahit Ram, resident of village Manjhiaw, P.S.Hassan Bazar Kater, Distt- Bhojppur at Ara. With LPA No.921 of 2009

1.STATE OF BIHAR through the Commissioner-cum- secretary, Public Health Engineering Department, Govt. of Bihar, Patna 2.The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna 3.The Chief Engineer, Public Health Engineering Department, Govt. of Bihar, Patna 4.The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur 5.The Superintending Engineer, Public Health Engineering Mechanical Circle, Muzaffarpur Engineering Mechanical Circle, Muzaffarpur

6.The executive Engineer, Public Health Versus Awadhesh Mahto son of Late Sukhlal Mahto, R/O village Raja Pokhar, P.S.Sakra, District- Muzaffarpur.--- Respondents ----------- For the State : Mr. Roy Shivaje Nath,AAG-4 with Mr. P.Kashyap, AC to AAG-4

01.9.2009. In all these appeals, after having heard learned counsel for the appellants, we allow the limitation application and condone the delay in 7 filing the appeals. Heard learned counsel for the appellants on merit. Some other counsels are present on behalf of the respondents, but they have not filed their vakalatnamas. The learned writ court has noticed the relevant facts showing that deductions from the salary of the concerned employees for deposit in their G.P.F. account commenced long back when they were absorbed in the work charge establishment. Subsequently, orders were passed in the year 2002 reverting them to the status of daily wages employees which was challenged by the employees through writ petitions and the reversion was stayed. The writ petitions were finally disposed of on 13.7.2006 and the controversy was referred for consideration by a Committee constituted by the State Government. As a result of the decision of the committee, the concerned employees were regularized/absorbed regular establishment. The employees are clearly given better status because they were reverted earlier from the work charge establishment to the daily wages status and in stead of approving such reversion the present decision allowed them to improve their 8 service status by absorbing them in the regular establishment. In the aforesaid facts and circumstances, the writ court has rightly not approved the decision of the appellants to treat the concerned employees as fresh appointees absorbed after

1.9.2005, which would have entitled them only to the contributory fund scheme and not the G.P.F. scheme to which they started contributing long back. In the facts of the case, the decision of the writ court appears to be just and proper. We do not find any good reason to take a different view in the matter. These appeals are, therefore, dismissed. (Shiva Kirti Singh,J.) (Jyoti Saran,J.)