Secretary v. Public Health Engineering
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7211 of 2013 ====================================================== Yogendra Prasad Asthana S/O Late Alakh Narain Pd. R/O Village- Sahlour, P.S.- Pachrukhi, Distt.- Siwan, Presently Retired As Pump-Operator, Ph (Mechanical) Sub-Division, Siwan 1. The State Of Bihar 2. The Chief Engineer Versus .... .... Petitioner/s (Mechanical) Public Health Engineering Department, Bishwasaraiya Bhavan, Baily Road, Patna 3. The Secretary, P.H.E.D., Bishwasaraiya Bhavan, Baily Road, Patna 4. The Executive Engineer (Mechanical), P.H. Division, Chapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.539 of 2013 ====================================================== 1. Chandrika Prasad S/O Late Ram Baran Bhagat R/O Vill-Chhoti Pithori, P.S.-Thawe, Distt-Gopalganj 2. Ramrup Mahto S/O Late Batahu Mahto R/O Vill-Sohani, P.S.-Bisfi, Distt-Madhubani 3. Md. Israil S/O Late Md. Sharif R/O Vill-Khushalpur, P.S.-Arrah Muffasil, Distt-Bhojpur 4. Hari Shankar Lal S/O Late Vikramaditya Lal R/O Vill-Karhasi, P.S.- Buxar, Distt-Bhojpur 5. Ashok Kumar Singh S/O Late Janak Singh R/O Vill-Alabakipur, P.S.- Gaurichak, Distt-Patna 6. Lakshman Jha S/O Late Deonath Jha R/O Vill-Baggahi, P.S.-Bairgania, Distt-Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar Through Principal Secretary, Public Health Engineering Deptt., Govt. Of Bihar, Patna 2. The Engineer In Chief Cum Special Secretary, Public Health Engineering Deptt. Govt. Of Bihar, Patna 3. The Chief Engineer, Mechanical, Public Health Engineering Deptt., Govt. Of Bihar, Patna 4. The Joint Secretary, Public Health Engineering Deptt. , Govt. Of Bihar, Patna 5. The Executive Engineer, Public Health Mechanical Division, Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.21243 of 2012 ====================================================== Bachcha Dubey S/O Late Kushahar Dubey R/O Village- Saheyan Pahad, P.S.- Sidhawalia, District-Gopalganj, Presently Posted As Nalkup Khalasi,
Facts
Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 2/12 P.H. Section, Baikunthpur, District- Gopalganj 1. The State Of Bihar 2. The Commissioner-Cum-Secretary Versus Public Health Engineering .... .... Petitioner/s Department, Bihar, Patna 3. The Chief Engineer, Phed, Bihar, Patna 4. The Executive Engineer, P.H. Division, Gopalganj .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.16058 of 2012 ====================================================== 1. Ram Chandra Pandey Son Of Late Singashan Pandey Resident Of Village- Gopalgan, Presently Posted As Pump Operator, Bhore, P.H. (Mechanical) Sub-Division, Gopalganj 2. Swami Nath Singh Son Of Late Kamla Singh Resident Of Village- Kaalakant Kararia, P.S.- Phulwaria, District- Gopalglanj, Presentluy Posted As Pump Operator, At Line Bazar, P.H. Mechanical, Sub- Division, Gopalganj 3. Basudeo Singh Son Of Late Laxami Singh Resident Of Village- Kamalakant Kararia, P.S.- Phulwaria, District- Gopalganj, Presently Posted As Rural Water Supply Phulawaria, P.H.- Mechanical Sub- Division, Gopalganj 4. Madhu Sudan Tiwary Son Of Late Ram Subhag Tiwary Resident Of Village- Kamalakant Kararia, P.S.- Phulwaria, District- Gopalganj, Presently Posted As Pump Operator, P.H. Mechanical, Sub-Division, Phulwaria, District- Gopalganj 5. Ramesh Tiwary Son Of Late Girija Tiwary Resident Of Village- Machchagar Lachchiram, P.S.- Hathua, District- Gopalganj, Presently Posted As Town Water Supply, Mirganj Under P.H. (Mechanical), Sub- Division, Gopalganj
Legal Reasoning
30.11.2006. Once this Court having considered the entire aspect in the case of Awadhesh Kumar (supra) had gone to hold that such of the muster roll employees who were later on brought in work- charge establishment and were allowed to continue for a pretty long period in work-charge establishment having been reverted again to daily wages but ultimately regularized in service, would be entitled for their payment of salary as a work-charge employee, there cannot be any different treatment amongst same set of similarly situated persons. This Court would not, therefore, like to go to any other aspect and having regard to there being no dispute even in the counter affidavit that the case of Awadhesh Kumar (supra) is identical to that of the petitioners, would direct the Principal Secretary of the Public Health Engineering Department to give these petitioners also the same treatment which was given to Awadhesh Kumar (supra) by his order contained in letter dated 5.11.2012. In other words, these petitioners shall also be paid their difference of salary as given to Awadhesh Kumar (supra) for the period 1.6.2002 to 30.11.2006 within a period of three months from the date of receipt of this order. Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 12/12 The respondents while doing so shall keep in mind that not only the case of the petitioners but of all other similarly situated persons have to be dealt similarly in keeping with the policy decision of the State Government itself laid down in Bihar Litigation Policy which, apart from other things, lays down that for the same relief which has already been allowed by this Court, the other person should not be compelled to move court of law. That being so, these applications are disposed of with the same and similar directions as recorded in the order dated 20.12.2011 in C.W.J.C. No. 6004 of 2007. (Mihir Kumar Jha, J) Rishi/-
Arguments
6. Devendra Singh Son Of Late Ram Ashray Singh Resident Of Village- Srishiya, P.S.- Jamo Bazar, District- Gopalganj, Presently Posted As Pump Operator, At Bhore Under P.H. Mechanical, Sub-Division Gopalganj Versus 1. The State Of Bihar Through Commissioner-Cum-Principal Secretary, .... .... Petitioner/s P.H.E.D., Null Bishwawesaria Bhawan, Bailey Road, Patna 2. The Engineer-In-Chief-Cum-Special Secretary (Mechanical), Public Health Engineering Department, Bishwawesaria Bhawan, Bailey Road, Patna 3. The Chief Engineer, Mechanical, P.H.E.D., Bishwawesaria Bhawan, Bailey Road, Patna 4. The Superintending Engineer (Mechanical), P.H. Circle, Chapra 5. The Executive Engineer (Mechanical) P.H. Division, Chapra .... .... Respondent/s Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 3/12 ====================================================== with Civil Writ Jurisdiction Case No.17076 of 2012 ====================================================== Ramayan Singh S/O Late Suraj Singh Resident Of Village - Ekdanga Navkatda, P.S. - Mirganj, District - Gopalganj At Presently Posted As Pump Operator At Mechanical Sub-Division, Gopalganj Versus 1. The State Of Bihar Through Commissioner-Cum-Principal Secretary, .... .... Petitioner/s P.H.E.D., Bishwaswesaria Bhawan, Bailey Road, Patna 2. The Engineer-In-Chief-Cum-Special Secretary, (Mechanical), Public Health Engineering Deptt, P.H.E.D., Bishwawasaria Bhawan, Bailey Road, Patna 3. The Chief Engineer Mechancial, P.H.E.D., Bishwawesaria Bhawan, Bailey Road, Patna 4. The Superintending Engineer (Mechancial) P.H. Circle, Muzaffarpur 5. The Executive Engineer (Mechanical) P.H. Division Chapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17362 of 2012 ====================================================== Bharat Singh Son Of Late Janak Singh Resident Of Village- Chapra Bihari, Tola- Bhusaulwa, P.S. Pakari Dayal, District- East Champaran At Motihari .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Public Health Engineering Department, Versus Government Of Bihar, New Secretariat, Patna 3. The Joint Secretary, Public Health And Engineering Department, Government Of Bihar, New Secretariat, Patna 4. The Chief Engineer, Mechanical Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 5. The Superintending Engineer, Mechanical Public Health Engineering Circle, Motihari 6. The Executive Engineer, Public Health Engineering Division, Dhaka, District- East Champaran At Motihari .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.21267 of 2012 ====================================================== 1. Kapildeo Prasad Singh S/O Sri Kripal Singh R/O Village And P.O.- Manjhaul, P.S. Manjhaul, District- Begusarai 2. Pramod Kumar No. 1 S/O Late Singheshwar Prasad Singh R/O Mohalla- Brahmpura, P.S.- Brahmpura, District- Muzaffarpur Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 4/12 1. The State Of Bihar 2. The Principal Secretary Versus .... .... Petitioner/s Public Health Enginering Department, Government Of Bihar, New Secretariat, Patna 3. The Joint Secretary Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 4. The Chief Engineer, Mechanical Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 5. The Superintending Engineer, Mechanical Public Health Engineering Circle, Muzaffarpur 6. The Executive Engineer Muzaffarpur Public Health Mechanical Division, .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.20686 of 2012 ====================================================== 1. Vijay Kumar Srivastava Son Of Sri Bhagwan Prasad Resident Of Mohalla - Mithanpura, P.O. Ramna, P.S. Mithanpura, District - Muzaffarpur 2. Ram Prasad Mahto Son Of Dayali Mahto Resident Of Village And P.O. Kathaiya, P.S. Kathaiya, District - Muzaffarpur 1. The State Of Bihar 2. The Principal Secretary, Public Health Engineering Department, Versus .... .... Petitioner/s Government Of Bihar, New Secretariat, Patna 3. The Joint Secretary, Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 4. The Chief Engineer, Mechanical Public Health Engineering Department, Government Of Bihar, New Secretarait, Patna 5. The Superintending Engineer, Mechanical Public Health Engineering Circle, Muzaffarpur 6. The Executive Engineer, Public Health Mechanical Division, Muzaffarpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.11577 of 2012 ====================================================== Chandravir Jha S/O Late Budhinath Jha R/O Village- Mahsad Bhawanipur, P.S.- Singhwara, District- Darbhanga, Presently Posted As Nal-Kup Khalasi Under P.H. Division, District- Gopalganj Versus 1. The State Of Bihar Through Commissioner-Cum-Principal Secretary P.H.E.D., Bishwawesaria Bhawan, Baily Road, Patna .... .... Petitioner/s Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 5/12 2. The Engineer-In-Chief - Cum - Special Secretary (Mechanical) Public Health Engineering Department, P.H.E.D., Bishwasharaiya Bhawan, Bailey Road, Patna 3. The Chief Engineer, Mechanical P.H.E.D., Bishwawesaraia Bhawan, Bailey Road, Patna 4. The Superintending Engineer (Mechanical) P.H. Circle, Chapra 5. The Executive Engineer (Mechanical), P.S. Div., Gopalganj .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.833 of 2013 ====================================================== Pramod Kumar Srivastava Son Of Late Bhola Prasad Srivastava Resident Of Village - Bokane Kala, P.S. Patahi, District - East Champaran At Motihari 1. The State Of Bihar 2. The Principal Secretary, Public Health Engineering Department, Versus .... .... Petitioner/s Government Of Bihar, New Secretariat, Patna 3. The Joint Secretary, Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 4. The Chief Engineer, Mechanical Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna 5. The Superintending Engineer, Mechanical Public Health Engineering Circle, Motihari 6. The Executive Engineer, Public Health Engineering Division, Dhaka, District - East Champaran At Motihari .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.1282 of 2013 ====================================================== 1. Shyam Sunder Biswas Son Of Late Sugdeo Biswas Resident Of Mohalla - Mirjanhat, Police Station - Mirjanhat, District - Bhagalpur 2. Shanker Prasad Singh Son Of Late Nagendra Pd. Singh Resident Of Village - Athmaha, Police Station - Amarpur, District - Banka 3. Shambhu Choudhary Son Of Late Chhedi Choudhary Resident Of Adampur, Police Station - Kotwali, District - Bhagalpur 4. Jai Prakash Narayan Roy Son Of Late Sahdeo Narayan Roy Resident Of Sabour, Police Station - Sabour, Dist - Bhagalpur 5. Chandra Thakur Son Of Late Raju Thakur Resident Of Village - Danda, Police Station - Poraiyahat, Dist - Bhagalpur 6. Phulwshwar Mandal Son Of Late Bengali Mandal Resident Of Village - Madadewapur, Police Station - Sanhaula, District - Bhagalpur 7. Basudeo Mandal S/O Late Bengali Mandal Resident Of Madadewapur, P.S. Sanhaula, Dist - Bhagalpur 8. Balkishor Singh S/O Late Ragho Prasad, Resident Of Village Laxmipur, P.S. Haweli Kharagpur, Dist- Munger. Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 6/12 .... .... Petitioner/s Versus 1. The State Of Bihar Through Commissioner-Cum-Secretary, Public Health Engineering Department, Bihar, Patna 2. Commissioner-Cum-Secretary, Department Of Public Health And Engineering, Bihar, Patna 3. Engineer In Chief, Department Of Public Health Engineering, Bihar, Patna 4. Superintending Engineer, Department Of Public Health And Engineering Division, Bhagalpur East, Bhagalpur 5. Executive Engineer, Department Of Public Health And Engineering, Bhagalpur Division (East), Bhagalpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2400 of 2013 ====================================================== 1. Rama Kant Singh, son of Sri Jairam Singh, resident of Village Jiradei, P.S. Jiradei, Dist. Siwan, presently posted as Pump Operator under P.H. Sub Division, Siwan. 2. Ram Dayal Mahto, son of late Amin Mahto, resident of Village Jiradei, P.S. Jiradei, Dist. Siwan, presently posted as Pump Operator under P.H. Sub Division (Mechanical), Siwan. 3. Wakil Pandey, son of late Dhanpat Pandey, resident of Village Kumari, P.S. Darouli, Dist. Siwan, presently posted as Pump Separator under P.H. Sub Division (Mechancial), Siwan. .... .... Petitioners Versus 1. The State Of Bihar through Commissioner-cum-Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna. 2. The Engineer-in-Chief cum Special Secretary (Mechancial), P.H.E.D., Bishwashraiya Bhawan, Baily Road, Patna. 3. The Chief Engineer (Mechanical), P.H.E.D., Bishweshraiya Bhawan, Baily Road, Patna. 4. The Superintending Engineer (Mechanical) P.H. Circle, Muzaffarpur. 5. The Executive Engineer (Mechanical) P.H. Division, Chapra. .... .... Respondents ====================================================== with Civil Writ Jurisdiction Case No.2444 of 2013 ====================================================== 1. Chandra Mohan Singh S/O Late Bishwa Mohan Singh R/O Vill-Pojhi Buzurg, P.S.-Marhoura, Distt-Chapra, Presently Posted As Pump Operator Under P.H.(Mechanical) Sub Division, Gopalganj 2. Hari Lal Prasad S/O Late Baldeo Mahato R/O Vill-Kolhuan, P.S.- Manjhagarh, Distt-Gopalganj, Presently Posted As Pump Operator Under P.H.Sub Division, Gopalganj 3. Devendra Singh S/O Rameshwar Singh R/O Vill-Sirinsia, P.S.- Jamobazar, Distt-Siwan, Presently Posted As Pump Separator Under P.H.(Mechanical) Sub Division, Gopalganj Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 7/12 .... .... Petitioner/s Versus 1. The State Of Bihar , Through Commissioner-Cum-Principal Secretary, P.H.E.D., Bishweshraiya Bhawan, Bailey Road, Patna 2. The Engineer-In-Chief Cum Special Secretary, (Mechanical), P.H.E.D., Bishwesharaiya Bhawan, Bailey Road, Patna 3. The Chief Engineer, (Mechanical), P.H.E.D., Bishweshraiya Bawan, Bailey Road, Patna 4. The Superintending Engineer(Mechanical) P.H.Circle, Muzaffarpur 5. The Executive Engineer, (Mechanical)P.H.Division, Chapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.2606 of 2013 ====================================================== 1. Ram Shreshth Rai Son Of Late Bhulawar Rai Resident Of Village And P.O. Padmaul, P.S. Kudhanni, District- Muzaffarpur 2. Chando Yadav Son Of Late Mahadev Prasad Resident Of Village And P.O. Mirzapur, P.S. & District- Nawada 3. Dinesh Prasad Sharma Son Of Late Kano Singh Resident Of Village & P.O. Khanwan, P.S. Narhat, District- Nawada 4. Srikant Singh Son Of Late Rameshwar Singh Resident Of Village- Kaghara, P.O. Manjhway, P.S. Sitamarhi, District- Nawada 5. Sarjug Prasad Sharma Son Of Late Munni Singh Resident Of Village- Hardiya, P.O. Nardiganj, P.S. Nardiganj, District- Nawada 6. Devendra Prasad Singh Son Of Late Harihar Prasad Singh Resident Of Village- Bela, P.S.- Govindpur, District- Nawada 7. Ambika Prasad Singh Son Of Late Awadh Singh Resident Of Village & P.O. Chtihar, P.S. Hasua, District- Nawada 8. Ram Bhaju Singh Son Of Late Mahavir Singh Resident Of Village & P.O. Budhwara, P.S. Govindpur, District- Nawada 9. Suresh Kumar Son Of Late Sitaram Singh Resident Of Village & P.O. Rajwara, P.S. Antri, District- Gaya 10. Rajendra Prasad Son Of Late Chotan Prasad Resident Of Village & P.O. Ghashrawan, P.S. & District- Nalanda 11. Most. Kari Devie Wife Of Late Laldeo Singh Resident Of Village- Neya, P.O. Siswar, P.S. Nawadah, District- Nawadah .... .... Petitioner/s Versus 1. The State Of Bihar, Through The Commissioner And Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna 2. The Joint Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna 3. The Engineering-In-Chief-Cum-Special Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna .... .... Respondent/s ====================================================== Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 8/12 with Civil Writ Jurisdiction Case No.16980 of 2012 ====================================================== 1. Arjun Pd. S/O Gulab Prasad Resident Of Lal Market Bus Stqans Chabillapur Road, P.S- Rajgir, District- Nalanda 2. Parmeshwar Sah S/O Late Muni Lal Sah Resident Of Gandhi Tola, Rajgir, P.S- Rajgir, District- Nalanda. 3. Sahdeo Prasad S/O Late Chatrapati Das Resident Of Phed Quarters, Sohasarai, Khatar Tola, P.S- Sohasarai, Biharsharif, District- Nalanda. 4. Pramod Kumar Mishara S/O Shri Ramawatar Mishra Resident Of Phed Quarter, Sohasarai, Near Ganesh Cold Storage, P.S- Sohsarai, District- Nalanda. 5. Dinesh Paswan S/O Shri Ramchandra Paswan Resident Of Phed Colony, Rajgir, P.S- Rajgir, District- Nalanda. 6. Krishna Nandan Prasad S/O Late Soharai Mahto Resident Of Village- Nanen, P.S- Selo, District- Nalanda. 7. Rajendra Ram S/O Late Muneshwar Ram Resident Of Phed, Swerej Plant, Phed, P.S- Rajgir, District- Nalanda. 8. Ram Parawesh Doam S/O Late Sakhichandra Doam Resident Of Phed, Swerage Plant, P.S Rajgir, District- Nalanda. 9. Rajendra Prasad S/O Late Sahorai Ravi Dash Resident Of Village Gandhi Tola, Rajgir, P.S- Rajgir, District- Nalanda. 10. Vijay Kumar S/O Shri Raghao Mahto Village And P.O- Kada, P.S- Ghoswari, District- Nalanda. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Public Health Engineering Department, Government Of Bihar, Patna 2. Engineer In Chief Cum Special Secretary, Public Health Engineering Department, Government Of Bihar, Patna. 3. Executive Engineer Public Health Engineering Department, Patna. 4. The Assistant Engineer, Phed Sub Division (Mechinical), Biharsharif, 5. The Assistant Engineer, Phed Sub Division (Civil), Biharsharif. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17223 of 2012 ====================================================== Ram Naresh Singh Son Of Sri Haribansh Prasad Singh Resident Of Village And P.O. Daudpur, P.S. Ahiyapur, District- Muzaffarpur .... .... Petitioner/s 1. The State Of Bihar 2. The Principal Secretary, Public Health Engineering Department, Versus Government Of Bihar, New Secretariat, Patna 3. The Joint Secretary, Public Health And Engineering Department, Government Of Bihar, New Secretariat, Patna 4. The Chief Engineer, Mechanical Public Health Engineering Department, Government Of Bihar, New Secretariat, Patna Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 9/12 5. The Superintending Engineer, Mechanical Public Health Engineering Circle, Muzaffarpur 6. The Executive Engineer, Public Health Engineering Division, Muzaffarpur .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.18678 of 2012 ====================================================== 1. Diwakar Nath Shrivastava, son of late Kailashpati Shrivastava, resident of Village Harakhuan, P.S. Gopalganj, Dist. Gopalganj, presently posted as Nalkup Operator, at Gopalganj under Public Health Engineering Division, Gopalganj. 2. Ravindra Manjhi, son of late Charittar Manjhi, resident of Village Haredia, P.S. Baikunthpur, Dist. Gopalganj, presently posted as Nalkup Operator at Sidhawalia under Public Health Engineering Division, Gopalganj. 3. Jai Nath Singh, son of late Dev Bahadur Singh, resident of Village Khulasa, P.S. Jamo Bazar, Dist. Siwan, presently posted as Key Man- cum-Choukidar under Public Health Division, Gopalganj. 4. Krishnakant Singh, son of Late Sunderdeo Singh, resident of Village Bhaluan, P.S. Baraharia, Dist. Siwan, presently posted as Nalkup Operator, at Public Health Engineering Division, Gopalganj. 5. Sipahi Mahato, son of late Sheolakhan Mahato, resident of Village Surahian, P.S. Sidhawalia, Dist. Gopalganj, presently posted as Nalkup Operator at Barouli under Public Health Engineering Division, Gopalganj. 6. Kanhaiya Prasad, son of late Parmanand Pd., Resident of Village Bhagwat Parsa, P.S. Phulwaria, Dist. Gopalganj, presently retired on 31.1.2011 working as Pump-Operator, under Public Health Division, Gopalganj. .... .... Petitioners 1. The State Of Bihar. 2. The Secretary, Government of Bihar, Patna. 3. The Chief Engineer, Public Health Engineering Department, Versus Government of Bihar, Patna. 4. The Executive Engineer, Public Health Engineering Division, Gopalganj. 5. The Engineer-in-Chief, Public Health Engineering Department, Government of Bihar, Patna. .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 16-05-2013 Heard learned counsel for the parties. Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 10/12 In all these writ applications, the main prayer of the petitioners is one and the same, namely, they should be paid salary for the period 1.6.2002 to 30.11.2006. Learned counsel for the petitioners have drawn attention of this Court towards an order passed by this Court on 9.3.2011 in CWJC No. 10243 of 2006 (Vidyanand Jha & Ors. Vs. The State of Bihar & Ors.) as also another order dated 20.12.2011 in CWJC No. 6004 of 2007 (Awadhesh Kumar Vs. The State of Bihar & Ors.) and have submitted that the case of the petitioners is absolutely identical to the case of Awadhesh Kumar (supra). They have also submitted that in fact the order passed by this Court in the case of Awadhesh Kumar (supra) has become final, inasmuch as, the same has not been subjected to any appeal and the Principal Secretary of the Public Health Engineering Department by his order dated 5.11.2012 has also complied the same. In these cases, counter affidavit has been filed wherein the facts asserted by the petitioners have not been controverted. All that has been sought to be explained is that Awadhesh Kumar was given the benefit of payment of salary for the same period i.e. 1.6.2002 to 30.11.2006 by way of compliance of the order of this Court dated 20.12.2011 in CWJC No. 6004 of 2007. This Court would fail to appreciate the aforementioned Patna High Court CWJC No.7211 of 2013 (2) dt.16-05-2013 11/12 stand taken by the respondents in denying the petitioners’ payment of salary for the aforementioned period from 1.6.2002 to