Sita Ram Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.845 of 2019 ====================================================== 1.

Sita Ram Sah, Son of Late Babua Sah Resident of Village and Post Office Nariyar Tola Parsaha, Police Station and District Saharsa 2.

Manik Singh Son of Late Deoraj Singh Resident of Village, Post Office and Police Station Bihra, District Saharsa 3.

Mritunjay Kumar Singh Son of Late Kamaleshwari Singh Resident of Village and Post Office Balhi Deghra, Police Station Simri Bakhtiyarpur, District- Saharsa 4.

Shyamal Kishore Pathak Son of Late ram Nandan Pathak Resident of Village Gandaul, Post Office Manjhaul, Police Station Bihra, DistrictSaharsa 5.

Md. Taslim Uddin Son of Late Md. Rafiyat Resident of Village BhagMohabatt, Ward No.10, Post Office Rajokhar Hat, Police Station and District- Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary to Government, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna 2.

The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna 3.

The Chief Engineer (Mechanical), Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna 4.

The Superintending Engineer, Public Health Engineering Mechanical Circle, Bhagalpur District Bhagalpur 5.

The Executive Engineer, Public Health Mechanical Division, Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh, Advocate For the Respondent/s :

Mr.Arvind Ujjwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and the State.

The issue raised in the present writ petition is no more res integra. Similar issue was decided in CWJC No. 1791

Patna High Court CWJC No.845 of 2019(2) dt.18-12-2019 2/3 of 2008 vide judgment dated 28.06.2017. The relevant part of the judgment reads as under:- "Having heard learned counsel for the parties and taking note of the issues settled by this Court in the judgment and order passed in CWJC No. 7211/2013 following which a decision has been taken by the Public Health Engineering Department in its order bearing memo no. 925 dated 16.11.2013 for making payment of differential amount of salary to all those reverted employees of the work charge establishment, I direct the Engineerin-Chief cum Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna to consider the grievance of the petitioner for making payment of difference of salary for the period of his reversion i.e. 1.6.2002 until his regularization i.e.

21.6.2014 within a period of three months from the date of receipt/production of a copy of this order."

In view of the above, the present writ petition is disposed of. The respondent- Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna is required to extend similar treatment to these petitioners as was given to the petitioners of CWJC No. 1791 of 2008. Necessary action in this regard may be taken by the

Patna High Court CWJC No.845 of 2019(2) dt.18-12-2019 3/3 respondents within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U