Patna High Court - Orders
Shambhu Saran Singh & Ors vs The State Of Bihar & Ors on 12 May, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.859 of 1997
1. KAMLESH NANDAN, son of Sri D.P. Mandal, Road
No.21, Plot No.129, Shrikrishna Nagar, P.S.-
Budha Colony Town and District-Patna.
2. Ramchandra Shafi, son of Shri Uttim Lal Safi,
resident of village-Simrahi, P.S.-Raghopur,
District-Supaul.
3. Yadubansh Nirala, son of Sri Mahavir Tethwar,
resident of village- Tekuna, P.S.-Pratapganj,
District-Supaul.
4. Baleshwar Prasad Yadav, son of Sri M.L. Yadav,
resident of village-Zirwa, P.S.-Birpur,
District-Supaul.
5. Dharnidhar Pd. Singh, son of Sri Baleshwar Pd.
Singh, resident of village-Sukhanagar, P.S.-
Pratapganj, District-Supaul.
6. Kanti Kumar Sen, son of Sri Niwaran Chandra Sen,
resident of village-Simarahi Bazar, P.S.-
Raghopur, District-Supaul (Saharsa).
7. Shivkant Jha, son of Late Bachchu Jha, resident
of village-Madhubani, P.S.-Balua Bazar,
District-Supaul.
8. Kishore Kumar Mishra, son of Sri Aniruddh
Mishra, resident of village-Balwa, P.S.-Navatta,
district-Saharsa.
9. Binod Kumar Thakur, son of Sri Pitambar thakur,
resident of village-Dorma, P.S.-Bihra, District-
Saharsa.
10. Sri Bimal Kumar Mishra, son
of Sri Rupkant Mishra, resident of village-
Sanskrit Nirmali, P.S-Balua Bazar, district-
Supoul.
11. Bidyanand Singh, son of Sri
Ramgun Singh, resident of village-Hariraha,
P.S.-Karjain Bazar, District-Supaul.
12. Amar Nath Jha, son of Sri
Indradeo Jha, resident of village-Haripur, P.S.-
Karjain Bazar, District-Supaul.
13. Ramanand Tiwari, son of Sri
Dhurup Narayan Tiwari, resident of village-
Pauta, P.S.-Mufassil, District-Hazaribagh.
14. Ramsuresh Ram, son of Sri
Tuleshwar Ram, resident of village-Karani, P.S.-
Itkhori, district-Chatra.
15. Shambhu Sharan Singh, son of
Sri Brahmdeo Singh, resident of village-
Pindarkon, P.S.-Gidhor, District-Chatra.
16. Dharikshan Prasad, son of
Late Mishri Prasad, resident of village-Nadoli,
P.S.-Siwan, district-Siwan.
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17. Subodh Pd. Singh, son of Sri
Dashrath Pd. Singh, resident of village-
Sukhanagar, P.S.-Pratapganj, District-Supaul.
.........Petitioners.
Versus
1. THE STATE OF BIHAR, through the 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 Engineer-in-Chief-cum-Special Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus, Bailey Road, Patna.
4. The Regional Chief Engneer, Public Health
Engineering Department, Patna.
5. The Regional Chief Engineer, Public Health
Engineering Department, Bhagalpur.
6. The Regional Chief Engineer, Public Health
Engineering Department, Ranchi. ...Respondents.
with
CWJC No.2237 of 1997
1. CHANDESHWARI PD.YADAV, son of Late Kapileshwar
Yadav, Resident of village-Sarhochia, P.S.-
Raghopur, District-Supaul.
2. Mahakant Thakur, son of Sri Subh Narayan Thakur,
At-Araraha, P.S.-Pratapganj, District-Supaul.
3. Lalit Kumar Jha, son of Sri Kameshwar Jha, At-
Shripur, P.S.-Pratapganj, District-Supaul.
4. Rajiw Ranjan Kuar, son of Late lalbaboo Kuar, At-
Shahpur, P.S.-Shidhbalia, District-Gopalganj.
5. Sudhir Kumar Singh, son of Sri Ravneshwar Prasad
Singh, At+P.O.+P.S.-Nauhatta, District-Saharsa.
6. Nawin Kumar Singh, son of Sri Badri Narayan
Singh, Resident of Village-Baidyanathpur, P.S.-
Ratanpur, District-Supaul. ...Petitioners.
Versus
1. THE STATE OF BIHAR through Public Health
Engineering Department, Nirvan Bhawan Campus,
Baily Road, Patna.
2. The Joint Secretary, Public Health Engineering
Department, Nirvan Bhawan Campus, Baily Road,
Patna.
3. The Engineer-in-Chief Cum-Special Secretary,
Public Health Engineering Department, Nirvan
Bhawan Campus, Baily Road, Patna.
4. The Regional Chief Engineer, Public Health
Engineering Department, Muzaffarpur.
5. The Superintending Engineer, Public Health
Mechanical Circle, Muzaffarpur.
6. The Superintending Engineer, Public Health
Engineering Circle, Chapra. ....Respondents.
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with
CWJC No.3261 of 1997
YOGENDRA PRASAD, Son of Sri Munsi Prasad, Resident
of village-Banshi Bigha, P.S.-Hilsa, District-
Nalanda. .......Petitioner.
Versus
1. THE STATE OF BIHAR, through the Secretary, Public
Health Engineering Department, Nirman Bhawan
Campus, Bailey Road, Patna.
2. The Engineer-in-Chief-cum-Special Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus, Bailey Road, Patna.
3. The Regional Chief Engineer, Public Health
Engineering Department, Patna.
4. The Superintending Engineer, Public Health
Engineering Department, Patna Circle, Patna.
5. The Executive Engineer, Public Health Engineering
Department, Patna Circle, Patna. ...Respondents.
with
CWJC No.1898 of 1997
1. BASUDEO PRASAD, son of Shri Dhanu Singh, resident
of village-Khanpur, P.O.-Siswan, district-Nawada.
2. Arvind Kumar, son of Sri Yamuna Prasad, resident
of village-Rasulpur, P.O.-Fatua, P.S.-Fatua,
district-Patna.
3. Umesh Prasad Singh, son of Late Yugeshwar Pd.
Singh, resident of village-Dhodh, P.S.-
Bakhtiyarpur, District-Patna.
4. Shambhu Prasad Singh, son of Sri Ram Lakhan
Singh, resident of village-Narhat, P.S.-Narhat,
District-Nawada.
5. Md. Shekh Navi Hassan, son of Md. Shekh Imam
Hassan, resident of village-Bajitpur, P.S.-
Bajitpur, District-Siwan.
6. Jitendra Kumar, son of Sri Moti Singh, resident
of village and P.O.-Khanwan, district-Nawada.
7. Krishan Bahadur Singh, son of Lakhan Singh,
resident of village-Dhumara, P.O.-Asharhi,
District-Nawada.
8. Deonath Yadav, son of Sri Basu Prasad Yadav,
resident of village-Mangur Bigha, P.O. And P.S.-
Nawada, district-Nawada.
9. Munna Kumar, son of Late Shivji Singh, resident
of village Orhanpur, P.O.-Orahanpur, District-
Nawada.
10. Anil Kumar, son of Shri Hari Chandra Prasad
Singh, village and P.O. Orahanpur, district-
Nawada.
11. Chintaman Choudhary, son of Late Moti Chy.
Resident of village Nehalachak, PO and District-
Nawada.
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12. Mahendra Prasad, son of Sri Agnu Mahto,
resident of Mohalla Raja Kuan, P.O. Biharsharif,
District-Nalanda.
13. Mithilesh Kumar, son of Shri Jaivijay Singh,
resident of village mehbatpur, P.O. Hasan,
District-Nawada.
14. Shambhu Sharan Singh, son of Shri Siya Saran
Singh, resident of village Chatihar, P.O. Siswan,
district Nawada.
15. Yogendra Prasad Singh, son of Shri Kesho
Singh, resident of village and P.O. Gopalpur,
District-Nawada.
16. Ramanuj Kumar, son of Shri Chando Singh,
resident of village Chatihar, P.O. Siswan,
district Nawada.
17. Janardan Prasad Singh, son of Late Hriday
Narayan Singh, resident of village Battal Bigha,
P.O. Choti Shekpura, District Nawada.
18. Manish Kumar Chy., son of Shri Nanhak
Chaudhary, resident of village and PO Amash,
District-Gaya.
19. Grijesh Kumar, son of Nand Kumar, resident
of Village and P.S. Goh, district Aurangabad.
20. Ashwini Kumar, son of Shri Tapeshwar Singh,
resident of village Ranipur, PO and P.s.
Paliganj, district Patna.
21. Manjit Rai, son of Sri Khakhanu Rai resident
of village Keshopur, PO Barhara, P.S. Barhara,
district Bhojpur.
22. Balmukund Prasad, son of Sri Tulsi Prasad,
resident of village Sahabchak, P.S.-Nawada,
district Nawada.
23. Gorakh Paswan, son of Shri Rajdeo ram,
resident of village Silao, P.S. Silao, district
Nalanda.
24. Kapil Choudhary, son of Sri Basanti
Choudhary, resident of village kajapi, P.S. Gaya,
district Gaya.
25. Suresh Prasad, son of Sri Ram Chandra Pd.
Yadav, resident of village Mangur Bigha, P.O. and
District Nawada.
26. Mahesh Prasad, son of Sri Agnu Rai, resident
of Mohalla and P.O. Dariyapur, district Patna.
27. Md. Anwar, son of Md. Shashi, resident of
Belan Bazar, P.S. Munger, District-Munger.
28. Shivadhar Singh, son of Shri Ram Kripal
Singh, resident of village Bethni, P.S. Koath,
District Rohtas.
........Petitioners.
Versus
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1. THE STATE OF BIHAR, through the Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus, Bailey Road, Patna.
2. The Joint Secretary, Public Health Engineering
Department, Government of Bihar, Nirman Bhawan
Campus, Bailey Road, Patna.
3. The Engineer-in-Chief-cum-Special Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus, Bailey Road, Patna.
4. The Regional Chief Engineer, Public Health
Engineering Department, Patna.
5. The Executive Engineer, Public Health
Engineering Division, Nawada.
6. ....Respondents.
with
CWJC No.6170 of 1997
1. KESHAW PRASAD YADAV, son of Shri Ajit Prasad
Yadav, resident of village Maudiha, P.S. Agrer
(Sasaram) District-Rohtas.
2. Triveni Paswan, son of Shri Sukhu Paswan,
resident of Mohalla Chitkohra, P.S. Gardanibagh
Town and District Patna. ....Petitioners.
Versus
1. THE STATE OF BIHAR, through the Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus, Bailey Road, Patna.
2. The Deputy secretary, Public Health Engineering
Department, Nirman Bhawan Campus, Bailey Road,
Patna.
3. The Engineer-in-Chief-cum-Special Secretary,
Public Health Engineering Department, Nirman
Bhawan Campus Bailey Road, Patna.
4. The Regional Chief Engineer, Public Health
Engineering Department, Patna.
5. The Regional Chief Engineer, Public Health
Engineering Department, Bhagalpur.
6. The Executive Engineer, Public Health Mechanical
Division, Patna.
7. The Executive Engineer, Public Health Mechanical
Division, Sasaram. .........Respondents.
with
CWJC No.6589 of 1997
RAJ KUMAR SINGH, son of Late Muni Lal Yadav,
resident of village Ibrahimpur, P.S. Piro, District
Bhojpur. ......Petitioner.
Versus
1. THE STATE OF BIHAR, through the Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
2. The Deputy Secretary, Public Health Engineering
Department, Nirman Bhawan Campus, Bailey Road,
Patna.
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3. The Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
4. The Regional Chief Engineer, Public Health
Engineering Department, Bhagalpur.
5. The Superintending Engineer, Public Health
Engineering Circle, Deoghar. ...Respondents.
with
CWJC No.3533 of 1997
1. RAJNISH KUMAR, son of Shri Tarni Paswan, resident
of village Lathpur, P.S. Shahkund, district
Bhagalpur.
2. Prem Kumar, son of Shri Sunder Paswan, resident of
village Isakchak, P.S. Isakcha, District Bhagalpur.
.....Petitioners.
Versus
1. THE STATE OF BIHAR, through the 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 Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan,
campus, Bailey Road, Patna.
4. The Regional Chief Engineer, Public Health
Engineering Department, Bhagalpur.
5. The Executive Engineer, Public Health Engineer
Mechanical Division, Munger.
6. The Executive Engineer, Public Health Engineer
Mechanical Division, Bhagalpur.
.......Respondents.
with
CWJC No.2381 of 1997
1. SHAMBHU SARAN SINGH, son of Shri Ranvijay singh,
resident of village Jamanganj, P.S.-Makdumpur,
District Jehanabad.
2. Lalan Prasad Yadav, son of Late Surjdeo Yadav,
resident of village Tetria, P.S. Navinagar, District
Aurangabad.
3. Awadhesh Kumar Thakur, son of Sri Chandra Nand Thakur
resident of village Jagdishpur, P.S. Baseretti,
District Araria.
4. Surjdeo Singh, son of Shri Kameshwar Singh, resident
of village karhauna, P.S. Bazirganj, District Gaya.
5. Ram Kumar Singh, son of Sri Bameshwar Singh, resident
of village Baheri, P.S. Gurua, district Gaya.
6. Chittranjan Singh, son of Sri Ramashish Singh,
resident of village Karhoura, P.S. Vajirganj,
district Gaya.
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7. Janardan Singh, son of Shri lakshaman Yadav, resident
of Village Phutharwa, P.S. Nabi Nagar, District
Aurangabad.
8. Ashok Singh, son of Raksha Singh, resident of village
Lemga, P.S. Madanpur, district Aurangabad.
9. Krishan Prasad, son of Sri Balkeshwar Sao, resident
of Village Babhandi, P.S. and District Aurangabad.
10. Pradeep Kumar Singh, son of Late Ranjit Narain
Singh, resident of Village Jagdishpur, P.S. Mufassil
Gaya, district Gaya.
11. Nagendra Nath Pandey, son of Shri Ram Subhag
Pandey, resident of village machiwan, P.S. Bhabhua,
district Bhabhua (Kaimur).
12. Ashok Kumar Singh, son of Shri Chandrika sinh,
resident of village Ruiabangara, P.S. Jiradei,
district Siwan.
13. Promod Singh, son of Sri Kamta Singh, resident of
village Rakshaul, P.S. Madanpur, district Aurangabad.
14. Satrughan Prasad, son of Late Balita Sao,
resident of village Deo, P.S. Deo, district-
Aurangabad.
15. Lakshami Yadav, son of Late Deo Narayan Yadav,
resident of village Sher Kashan, P.S. Husanpur,
district Samastipur.
16. Shambhu Dom, son of Sri Cheni Dom, resident of
village Sheopur, P.S. Dehri-on-sone, District Rohtas.
Versus
1. THE STATE OF BIHAR through the 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 Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
4. The Regional Chief Engineer, Public Works Engineering
Department, Patna.
5. The Executive Engineer, Public Health Engineering
Division, Aurangabad.
......Respondents.
with
CWJC No.1124 of 1997
SANJAY KUMAR, son of Gopal Prasad, resident of Punai
Chak, Police Station-Sastrinagar, District, Patna, at
present posted as orderly in the Office of Public
Health and Engineering Department, Sub-Division
Office, Patna West, Patna. ......Petitioner.
Versus
1. THE STATE OF BIHAR through Secretary, Public Health
and Engineering Department, Patna.
2. The Engineer-in-chief of Public Health and Engineering
Department, Bihar, Patna.
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3. The Executive Engineer, Public Health and Engineering
Division, Patna West, Patna.
4. The Sub-Divisional Officer, Public Health and
Engineering Department, Sub-division Patna West, Pana.
5. The Superintending Engineer, Department of Public
Health Engineering, Patna Circle, Patna.
........Respondents.
with
CWJC No.2382 of 1997
1. NILABMAR THAKUR, son of Sri Ganesh Thakur, resident
of village and PO Motipur, P.S. Karjain Bazar,
District Supaul.
2. Jai Prakash Thakur, son of Sri Ganesh Thakur,
resident of village and PO Motipur, P.S. Karjain
Bazar, District Supaul.
3. Gopal Jha, son of Sri Anant Jha, resident of village
Koriapath, P.S. Raghopur, district Supaul.
.....Petitioners.
Versus
1. THE STATE OF BIHAR through the 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 Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
4. Regional Chief Engineer, Public Health Engineering
Department, Patna.
5. The Regional Chief Engineer, Public Health
Engineering Department, Bhagalpur.
6. The Regional Chief Engineer, Public Health
Engineering Department, Muzaffarpur.
7. The Executive Engineer, Public Health Engineering
Division, Araria. .......Respondents.
with
CWJC No.3034 of 1997
BARUNJAY KUMAR, son of Shri Ranvijay Singh, resident
of Shastri Nagar Jail Press, P.S. Rampur, District
Gaya. .......Petitioner.
Versus
1. THE STATE OF BIHAR, through the 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 Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
4. The Regional Chief Engineer, Public Works Engineering
Department, Patna.
9
5. The Executive Engineer, Public Health Engineering
Division, Aurangabad. ...Respondents.
with
CWJC No.1787 of 1997
1. SUBHASH CHANDRA SHARMA, son of Shri Indradeo Sharma,
resident of village Bela, P.S. naubatpur, District
Patna.
2. Vijay Kumar Singh, son of Shri Deo Mangal Singh,
resident of Village Sarasat, P.S. Naubatpur, District-
Patna.
3. Prakash Yadav, son of Shri Shyam Lal Yadav, resident of
village Jhumri, P.S. Kodarma, District Kodarma.
4. Arjun Choudhary, son of Shri Chhotan Choudhary, resident
of Village Silour, P.S. Pakribarama,District Nawada.
5. Ishwar Das, son of Shri Janki Das, resident of Village
Urma, P.S. Choupara, District Hazaribagh.
6. Bhatu Choudhary, son of Shri Darshan Choudhary, resident
of Village Hirodin, P.S. Jai Nagar, District Kodarma.
7. Prakash Yadav, son of Late Jhaman Yadav, resident of
Village Naitarah, P.S. and district Kodarma.
.....Petitioners.
Versus
1. THE STATE OF BIHAR, through the Secretary, Public Health
Engineering Department, Nirman Bhawan Campus, Bailey
Road, Patna.
2. The Joint Secretary, Public Health Engineering
Department, Government of Bihar, Nirman Bhawan Campus,
Bailey Road, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Nirman Bhawan Campus,
Bailey Road, Patna.
4. The Regional Chief Engineer, Public Health Engineering
Department, Patna.
.....Respondents.
with
CWJC No.2262 of 1997
1. RAGHAW PRASAD SINGH, son of Shri Hari Shankar Prasad
Singh, resident of village Bhoriahi, P.S.-Shikarganj,
District-East Champaran.
2. Chandradhar Sharma, son of Late Chandra Bhan Sharma,
resident of village Nawahi, P.S.- Naubatpur, District-
Patna.
3. Md. Khabbir alam, son of Late Kalimullah, resident of
village Sapahi, P.S. Dhaka, District East Champaran.
4. Jailal Pandit, son of Shri Ramashray Pandit, resident of
village Chitahan Bankat, P.S. Pakri Dayal, District East
Champaran.
5. Manman Prasad, son of Late Gorakhnath Srivastava,
resident of village Nawada, P.S. Pakri Dayal, District
East Champaran.
6. Binod Kumar, son of Shri Chandradip Singh, resident of
village Anda, P.S. Phulwarisharif, District Patna.
1
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7. Panchu Rai, son of Late Paspat Rai, resident of village
Chanpur dhaka, P.S. Dhaka, district East Champaran.
8. Md. Kamrul Hoda Ansari, son of Shri Abdul Latif Ansari,
resident of village Dhaka, P.S. Dhaka, district East
Champaran.
9. Raj Kumar Yadav, son of Sri Deonarain Yadav, resident of
village Dhobiah, P.S. Nirmali, District Supaul.
10. Bhoganand Kuanrar, son of Late Ganesh Kuanrar, resident
of village Fingiash, P.S. Ragopur, District Supaul.
......Petitioners.
Versus
1. THE STATE OF BIHAR, through the 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 Engineer-in-chief-cum-Special Secretary, Public Health
Engineering Department, Nirman Bhawan Campus, Bailey Road,
Patna.
4. The Regional Chief Engineer, Public Health Engineering
Department, Muzaffarpur.
5. The Executive Engineer, Public Health Engineering
Division.
......Respondents.
with
CWJC No.7521 of 1998
1. BHUNESHWAR CHOUDHARY, son of Late Dhaneshwar Choudhary,
resident of Dilawarkara, P.S.- Munger, District- Munger.
2. Md. Jahagir, son of Md. Suleman, resident of Gulzar
Pokhar, P.S. Munger District Munger.
3. Sitaram Mandal son of Kedar Mandal resident of Lal
Darwaza, P.S. Kotwali, District Munger.
4. Ajay Kumar, son of Madho Singh, resident of Chesi P.S.
Naubatpur, District Patna.
5. Shiv Ballabh Ram son of Shiv Narayan Ram resident of
village Patauna P.S. Paliganj District Patna.
6. Krishna Sah, son of Late Lakhan Sah, resident of Near
Sadar Hospital P.S. Kotwali District Munger.
7. Mithilesh Kumar Singh, son of Pradeep Narayan Singh,
resident of village Malhipur P.S. Salgrami District
Begusarai.
8. Sanjay Kumar Singh, son of Pradeep Nr. Singh, resident of
village Malhipur, P.S. Saligrami District Begusarai.
9. Sashi Bhusn Prasad, son of Late Kishori Prasad, resident
of Topkhana Bazar P.s. Kotwali, District Munger.
10. Kampani Singh, son of Late Chotey Lal Singh, resident of
village Mamai P.S. Muffasil District Munger.
11. Binodi Yadav, son of Singeshwar Yadav, resident of
village Sankarpur P.S. Muffassil District Munger.
12. Saleza Devi, wife of Late Kailash Prasad Yadav, resident
of village Lal Darwaza, P.S. Kotwali, District Munger.
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13. Manoj Kumar Paswan, son of Ramsaroop Paswan resident of
Chuabad P.S. Karim Bazar District Munger.
..........Petitioners.
Versus
1. THE STATE OF BIHAR through the Secretary, Public Health
Engineering Department, Govt. of Bihar, New Secretariat,
Patna.
2. The Engineer-in-Chief cum Special Secretary to Govt.
Public Health Engineering Department, 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
CWJC No.7624 of 1998
1. SANTOSH KUMAR JHA, son of Suresh Jha, resident of at &
P.O. Muradpur P.S. Nauhatta, District Saharsha.
2. Indradeo Singh, son of Jammu Singh, resident of village
Nonia Bigha, P.S. Arwal, District Patna.
3. Shailendra Kumar Singh, son of Mahendra Narayan Singh
resident of Mohalla Basudeopur P.S. Kotwali at District
Munger.
.....Petitioners.
Versus
1. THE STATE OF BIHAR through the Secretary Public Health
Engineering Department, Govt. of Bihar, New Secretariat,
Patna.
2. The Engineer-in-Chief cum Special Secretary to Govt.
Public Health Engineering Department, 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
CWJC No.9074 of 1998
VISHNU KANT SHARMA, son of Lalku Singh, resident of
village Koratha, P.S. Bikram, District Patna.
.....Petitioner.
Versus
1. THE STATE OF BIHAR through the Secretary, Public Health
Engineering Department Govt. of Bihar, New Secretariat,
Patna.
2. The Engineer-in-Chief cum Special Secretary to Govt.
Public Health Engineering Department, New Secretariat,
Patna.
1
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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
CWJC No.813 of 1999
MANOJ KUMAR SINGH, son of Late Heera Singh, resident of
village Bakhri Bazar, Police Station Bakhri, District
Begusarai. ......Petitioner.
Versus
1. THE STATE OF BIHAR through the Secretary, Public Health
Engineering Department, Govt. of Bihar, New Secretariat,
Patna.
2. The Engineer-in-Chief cum Special Secretary to Govt. of
Public Health Engineering Department, New Secretariat,
Patna.
3. The Zonal Chief Engineer, Public Health Engineering
Department, New Secretariat, Patna.
4. The Superintending Engineer, Public Health Engineering
Mechanical Department, Bhagalpur.
5. The Executive Engineer, Public Health Engineering
Mechanical Department, Division, Munger.
6. The Assistant Engineer, Public Health Engineering
Mechanical Department, Sub-Division, Munger.
7. The Junior Engineer, Public Health Engineer Mechanical
Department, Sub-Division, Kharagpur.
.....Respondents.
with
CWJC No.1555 of 2005
SURJANANDAN PRASAD, son of Sri Kapildeo Prasad, resident
of village Pakri, P.S. Karai Parsuai (Bahapur), P.S.
Karai Parsurai, District Nalanda. ....Petitioner.
Versus
1. THE STATE OF BIHAR.
2. Commissioner-cum-Secretary, Public Health Engineering
Department, Government of Bihar, Patna.
3. Engineer-in-Chief, Public Health Engineering Department,
Government of Bihar, Patna.
4. Chief Engineer(Mechanical), Public Health Engineering
Department, Government of Bihar, Patna.
5. Superintending Engineer, Mechanical Circle, Public
Health Engineering Department, Muzaffarpur.
6. Executive Engineer, Mechanical Division, Public Health
Engineering Department, Chapra. ...Respondents.
with
CWJC No.5948 of 1997
1. AKHILESHWAR PRASAD, son of Shri Sarda Nandan Sinha, resident
of village Barchhi Bigha, P.S. Ghoshi, District Jehanabad.
2. Ajit Kumar, son of Late Natwar Girdhari Prasad, resident of
Mohalla Anisabad, P.S. Gardanibagh, Town and District Patna.
1
3
.....Petitioners.
Versus
1. THE STATE OF BIHAR through the Secretary, Public Health
Engineering Department, Nirman Bhawan Campus, Bailey Road,
Patna.
2. The Deputy Secretary, Public Health Engineering Department,
Nirman Bhawan Campus, Bailey Road, Patna.
3. The Engineer-in-Chief-cum-Special Secretary, Public Health
Engineering Department, Nirman Bhawan Campus, Bailey Road,
Patna.
4. The Regional Chief Engineer, Design, Public Health
Engineering Department, Patna.
5. The Regional Chief Engineer, Public Health Engineering
Department, Patna. .......Respondents.
with
CWJC No.5025 of 1997
SUSHIL KUMAR PASWAN, son of Late Balkrishna Prasad, resident
of village Ukrera, P.S. Darauli, District Siwan.
........Petitioner.
Versus
1. THE STATE OF BIHAR, through the 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 Engineer-in-Chief-cum-Special Secretary, Public Health
Engineering Department, Nirman Bhawan Campus, Bailey Road,
Patna.
4. The Regional Chief Engineer, Public Health Engineering
Department, Ranchi.
5. The Executive Engineer, Public Health Engineering Division,
Jhumari Tilaiya. ......Respondents.
-----------
4 12.05.2011In batch of these writ applications, the grievance raised by the individual petitioner was with regard to his regularization in service. Initially all the petitioners were engaged on daily wages in the Public Health Engineering Department (PHED) and some of them were also taken in the 1 4 Work Charge Establishment on the prescribed pay scale. The authorities had later on found that as there was a complete ban after 25.07.1984 for bringing anyone from daily wage to Work Charge Establishment, such order of shifting to Work Charge Establishment was canceled and led to filing of these writ petitions.
It is not in doubt that subsequently the respondents had considered the case of regularization by constituting a three men committee and on the evaluation of the service record as also after following a uniform criteria, a number of such daily wage employees were taken back in the Work Charge Establishment. The rest of the people who did not succeed in the selection made by the Three Men Committee, had also represented their case before the State Government and the State Government had once again constituted a fresh committee where the cases of such daily wage employees are still said to be pending. In view of the fact that one of such 1 5 committee was constituted by order of the Principal Secretary of the PHED dated 04.08.2010, this court would find that such of the petitioners whose services had yet been continued on daily wages and are still working, would be entitled for their consideration for regularization of their service in work charge / regular establishment by the aforementioned Six Men Committee.
That being so, this Court would give liberty to such petitioners continuing on daily wages whose services have not yet been brought in the work charge establishment to approach the Principal Secretary, P.H.E.D. by filing their individual representation through proper channel within a period of three months from the date of receipt and / or production of a copy of this order and the Principal Secretary, P.H.E.D. Thereafter Will get their cases examined by Six Men Committee where after he will take his final decision in next six months from the date of filing of their representation. It is made clear that the petitioners 1 6 whose services have yet not been brought in the work charge establishment and are still continuing on daily wages in view of the interim orders passed in these cases shall not be disengaged from their such daily wages work till their cases are examined by the Six Men Committee constituted by Principal Secretary, P.H.E.D. vide his order dated 4.8.2010 and a final decision thereafter taken thereon by the Principal Secretary, P.H.E.D. It is also clarified that such of the petitioner whose services have been brought in the work charge establishment and / or regularized during the pendency of their respective writ applications will require no further consideration and will also not be reopened.
Mr. Khursid Alam, learned counsel appearing on behalf of the petitioner in C.W.J.C. No.3261 of 1997 has additionally submitted that despite their being a finding in favour of the petitioner, Yogendra Prasad that his engagement on daily wage was in accordance with law and he had also discharged 1 7 his duties, his payment of salary for the work already done by him has not been made till today. In this regard, it has been stated that even when the bills were also prepared and presented by the competent authority for payment of salary of the petitioner Yogendra Prasad,its consequential payment has not been tendered to him as yet. In the considered opinion of this Court such grievance of petitioner Yogendra Prasad is a individual cause of action and accordingly this court would give him liberty to him to file his self contained representation before the Principal Secretary , PHED as with regard to his non- payment of his salary for the admitted work done by him. In the event such a representation is filed by the petitioner, Yogendra Prasad, the same shall be considered and disposed of at an early date by the Principal Secretary, P.H.E.D. and if it is found that the petitioner Yogendra Prasad had worked in the relevant period his payment of salary on daily wages would also be made to him for the admitted period of his working. Such an 1 8 exercise as with regard to taking a decision on this claim of salary and the consequential payment to petitioner Yogendra Prasad also must be completed within a period of three months from the date of receipt / production of a copy of this order.
With aforementioned observations and directions, all these writ applications are disposed of.
PN (Mihir Kumar Jha, J.)