Irrigation Department, Sub Division-Jamui, Distt-Jamui. vs Patna.

30.Parmanand Singh S/O Jagdambi Thakur, R/O Village-Gorgama, P.O.Distt-Samastipur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Laxmipur, Distt-Jamui. 31.Ram Chand Mandal S/O Late Mitan Mandal, R/O Vill-Etahari, P.O.Hardi Durgasthan, Distt-Saharsa, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 32.Tej Narain Dubey S/O Late Nand Kishore Dubey, R/O Vill-Milki, P.O.Chunni, Distt-Bhojpur, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 33.Bhola Sah S/O Late Amrit Sah, R/O-Village-Nimarang, P.O+Distt- Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. 34. Shiva kumar Prasad S/O Raghu Nath Mahlah, R/O-Vill-Barhaniya, P.O.Kothilawa, Distt-Kheria, (U.P), at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Sono, Distt-Jamui. 35.Sukh Deo Yadav S/O Mahabir Yadav, R/O-Vill-Darima, P.O-Gadi Bishanpur, Distt-Jamui, at present posted as a Choukidar in Minor Irrigation Department, Sub Division-Jamui, Distt-Jamui. Versus 1.THE STATE OF BIHAR through Chief Secretary, Old Secretriat, Patna. 2.The Commissioner-cum-Secretary, Water Resources(Minor- Irrigation), Govt of Bihar, Patna. 3.The Chief Engineer, Minor Irrigation Department, Bhagalpur. 4.The Superintending Engineer, Minor Irrigation Department,Bhagalpur. 5.The Executive Engineer, Minor Irrigation Department, Jhaha, Distt-Jamui……………Respondents. ----------- For petitioners:-Mr. Rajeev Ranjan, Adv Mrs.Bela Singh, Adv. For State:-JC to G.A-5. 5/ 27-Nov-08 Heard learned counsel petitioners and learned counsel for the State. Petitioners claim to be daily wage employees working in a Minor Irrigation Department, Sub Division Jamui. They have also claimed that subsequently they were taken into work charged establishment of the department and they moved this Court through present writ 4 petition in the year 2002 for regularization of their service on account of having worked since 1980, the department took a decision on

3.12.2003 to disengage the petitioners and a direction to that effect is contained in Annexure-11 which has been challenged through I.A. No.36/04. It is not clear from the averments on record whether pursuant to Annexure-11 the petitioners have been disengaged or not. On behalf of the petitioners it has been submitted that in recent past several similar cases involving issue of regularization of services of employees engaged for long number of years has been considered by the Division Bench in the light of judgment of the Apex Court in the case of Secretary of Karnataka & Ors Vs. Uma Devi (3)& Ors reported in (2006) 4 SCC 1 and other relevant cases. A copy of one such judgment dated 15th March, 2007 passed by a Division Bench in L.P.A. No.694/06 (State of Bihar Vs.Dayanand Sinha & Ors.) and 61 other analogous cases has been produced to show that even where the Single Judge had set aside the impugned orders regard 5 disengagement/retrenchment and removal the issue of regularization, as involved in the present case was referred by the Division Bench to a Committee of three Secretaries to be constituted by the Chief Secretary. The said judgment shows that similar matters have been remitted for consideration by such Committee with seven specific directions appearing in the last few pages of that judgment. Considering the aforesaid Division Bench judgment and the submissions of the parties, this writ petition is also disposed of with similar directions as contained in the judgment and order dated 15th March, 2007 in L.P.A No.694/06 and other analogous cases, noticed above. The respondents are expected to observe similar time schedule for disposal of petitioners’ case also in accordance with law. perwez (Shiva Kirti Singh, J.)