Bigan Thakur And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7548 of 2016 ======================================================

1. Jai Kishun Singh, son of Late Badri Singh Resident of Village and P.o. Belawn, P.S. Kaler, District- Arwal.

2. Bigan Thakur, son of Late Banshi Thakur, Resident of Village- Kornadih, P.O.- Umga (Kornadih), P.S. Madanpur, District- Auranagabad.

3. Manikchand Paswan, son of Late Chandradeep Paswan, Resident of VillageThanapur, P.O.- Sadopur, P.S. Alipur Tikari, District- Gaya.

4. Rabindra Kumar, Son of Late Chandradeep Singh, Resident of VillageRaghunichak, P.O. Noawan, P.S. Paras Bigha, District- Jehanabad.

5. Ram Vijay Ram son of Sri Beyadar Paswan, Resident of Village and P.O. Sihari P.S. Haspura District- Aurangabad.

6. Mahendra Prasad son of late Fauzdar Singh Resident of Village and P.O. Tengra, P.S. Barun, District Aurangabad.

7. Dilip Kumar, son of Late Badri Singh Resident of Village Bazar Verma, P.O. Kaithi Siro, P.S Goh, District- Aurangabad.

8. Kamlesh Prasad, son of Sri Basu Pandit, Resident of Village- Gandhar, P.O. Baina, P.S. Ghoshi, District- Jehanabad. ... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

3. The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Aurangabad.

5. The Executive Engineer, Rural Works Department, Work Division, Aurangabad.

6. The Assistant Engineer, Rural Works Department, Works Sub-Division, Aurangabad.

7. The Finance Secretary, Finance Department, Goverment of Bihar, Patna.

8. The Principal Secretary, General Administration Department, Government of Bihar, Patna ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.SBK Manglam, Advocate For the Respondent/s :

Mr.Niraj Kumar AC to GA 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-01-2019 Mr. S.B.K.Manglam, learned counsel for the petitioners relying upon the decision dated 27.7.2017, passed in the case of Uday Prasad and others (C.W.J.C.No. 9441 of 2016) submits that under similar facts and circumstances the writ petitioners are also entitled for consideration of their claim for regularization under policy of the Government dated 16.3.2006,

Patna High Court CWJC No.7548 of 2016(3) dt.09-01-2019 2/2 contained in Circular No. 639. He submits that the petitioners would be making representation for consideration of their claim in respect of arrears of salary.

The writ petition is disposed of with liberty to the petitioners to seek their claim accordingly.

Needless to say that petitioners' claim has to be considered in light of policy decision of the Government taken note herein above as well as Division Bench decision rendered in case of Ashok Kumar Sharma Vs. State of Bihar and others, reported in 2016(1) PLJR (HC) 232.

Let the decision be taken by the authorities within three months from the date of receipt/production of a copy of this order.

Claim in respect of arrears of salary shall also be adjudicated within the said period and if any dues are found admissible, the same should be paid to the petitioners within eight weeks thereafter.

(Madhuresh Prasad, J) Shashi U