Bhagwan Mishra And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7040 of 2018 ====================================================== 1.

Bhagwan Mishra, son of Late Brahma Kant Mishra, resident of Village and P.O. Gandhwari, P.S. Sakari, District- Madhubani, presently posted as Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division-1, Bhagalpur, District- Bhagalpur.

2.

Akhilesh Kumar, son of Sri Krishna Ram, Resident of Mohalla- Mahatma Gandhi Nagar, P.O. Bahadurpur Housing Colony, P.S. Agam Kuan, DistrictPatna, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Siwan, District- Siwan. 3.

Ramashnkar Prasad, son of Late Kamal Paswan, Resident of villageBanthur, P.O. satpura, P.S. Bhagwanpur, District- vaishali at Hajipur, presently posted as Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division-1, Munger, District- Munger. 4.

Sanjay Kumar Mehta, son of Late Prahalad Mehta, Resident of village and P.O. Bahera, P.S. Nanpur, District- Sitamarhi, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Katihar, District- Katihar.

5.

Ganesh Prasad Singh, son of Late Sikandar Singh, Resident of village and P.O. Narharpur, P.S. Jandaha, District- Vaishali at Hajipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Banka, District- Banka.

6.

Vijay Kumar Sinha, son of Late Awadhesh Kumar Sinha, Resident of village- Ordiha, P.O. Udhampur, P.S. Madanpur, District- Aurangabad, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Banka, District- Banka.

7.

Sunil Kumar Sinha, son of Late Surendra Prasad Singh, Resident of Mufti Mohalla, P.O. Hajipur, P.S. Hajipur Town, District- Vaishali at Hajipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Bhagalpur, District- Bhagalpur. 8.

Sudhakar, son of Late Tarni Prasad Singh, Resident of village- Panch Mahla, P.O. Mokamaghat, P.S. Mokama, District- Patna, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Bhagalpur, District- Bhagalpur.

9.

Bhupendar Prasad, son of Late Chhedilal Karn, Resident of MohallaMusapur, Ward No. 1, P.O. and P.S. Samastipur, District- Samastipur, the retired Senior Accounts Clerk, Rural Works Department, Works Division, Dalsingsarai, District- Samastipur.

10.

Gauri Shankar Jha, son of Late Kamal Lochan Jha, Resident of village and P.O. Bithauli, P.S. Baheri, District- Darbhanga, the retired Senior Accounts Clerk, Rural Works Department, Works Division, Dalsingsarai, DistrictSamastipur. 11.

Shashi Mohan Kumar, son of Late Rameshwar Prasad Srivastava, Resident of Ward No. 3, Dumra, P.O. and P.S. Dumra, District- Sitamarhi, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Saharsa, District- Saharsa.

2/11 12.

Ramdayal Sah, son of Late Mohan Sah, Resident of village- Hardiya, P.O. Chilmil, P.S. Muffasil, Begusarai, District- Begusarai, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Siwan, District- Siwan.

13.

Ramashray Thakur, son of Late Raghaw Sharan Thakur, Resident of vilageSri Dilpur, P.O. Anandpur, P.S. Bahadurpur, Distrct- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Circle, Purnea, District- Purnea.

14.

Zahid Hussain, son of Late Abdul Hai, Resident of village- Bahadurpur, P.O. Pursaulia, P.S. Kaluaahi, District- Madhubani, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Hilsa, District- Nalanda.

15.

Shambhu Sharan Paswan, son of Late Girdhari Paswan, Resident of villageMalahipur, P.O. Maheshpur, P.S. Bhagwanpur, District- Begusarai, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Jhanjharpur, District- Madhubani. 16.

Vijay Kumar Mishra, son of Late Bishwambhar Mishra, Resident of villageDhanga West, P.O. Dhanga East, P.S. Arer, District- Madhubani, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Gopalganj, District- Gopalganj.

17.

Rajendra Mukhiya, son of Late Basudeo Mukhiya, Resident of villageTetraha, P.O. Kakana, P.S. Pandaul, District- Madhubani, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Sherghati-2, District- Gaya.

18.

Harakh Baitha, son of Late Ganaur Baitha, Resident of Shiv Asthan Thawe, P.O and P.S. Thawe, District- Gopalganj, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Circle, Saharsa, DistrictSaharsa. 19.

Satyadeo Jha, son of Late Mahesh Jha, Resident of village- Bharatpatti, P.O and P.S. Kaluaahi, District- Madhubani, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Sasaram, DistrictRohtas. 20.

Md. Khurshid, son of Late Kabiruddin, Resident of vilage- Mohammadpur, Koari, P.O. Waini, P.S. Tajpur, District- Samastipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Lakhisarai, District- Lakhisarai. 21.

Mohan Singh, son of Sri Baldeo Singh, Resident of village- Gamhari, P.O. Kaithi, P.S. Obra, District- Aurangabad, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Madhubani. 22.

Rameshwar Ram, son of Tukar Ram, Resident of Mohalla- Bansopali, P.O. and P.S. Siwan, District- Siwan, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Jhanjharpur, District- Madhubani.

23.

Uday Narayan Lal, son of Late Sridhar Lal, Resident of Mohalla, Bhawani Nagar, P.O. Bhachhi, P.S. Madhubani, District- Madhubani, the retired Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division-1, Madhubani, District- Madhubani.

3/11 24.

Sagar Paswan, son of Late Sita Paswan, Resident of Mohalla- Sarvoday Nagar, P.O. Maghra, P.S. Deep Nagar, District- Nalanda at Biharsharif, presently posted as Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division, Saharsa, District- Saharsa. 25.

Ajay Sahay, son of Late Jagdamb Sahay, Resident of Mohalla- Pirmohani, P.O. and P.S. Kadam Kuan, District- Patna, the retired Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division-1, Patna, District- Patna.

26.

Raj Kumar Mallick, son of Late Satya Narayan Mallick, Resident of Mohalla- Sundarpur Bira, P.O. Basudeopur Bira, P.S.- L. N. Mithla University, District- Darbhanga, the retired Senior Accounts Clerk, Local Area Engineering Orgazination, Works Division-2, Bakhari, DistrictBegusarai. 27.

Brij Nandan Singh, son of Sri Kapildeo Singh, Resident of village and P.O. Adai, P.S. Konch, District- Gaya, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Gaya, DistrictGaya. 28.

Amresh Thakur, son of Late Uma Kant Thakur, Resident of village- Mile, P.O. Bhairopur, P.S. Bidupur, District- Vaishali at Hajipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Lakhisarai, District- Lakhisarai. 29.

Madhav Mandal, son of Late Surya Narayan Mandal, Resident of village and P.O. Durgapur, P.S. Bhawanipur, District- Purnea, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Gopalganj, District- Gopalganj.

30.

Lalan Prasad, son of Sri Rameshwar Ram, Resident of village and P.O. Napari, P.S. Charpokhari, District- Bhojpur at Ara, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Nawada, District- Nawada.

31.

Anil Kumar Singh, son of Late Sharda Prasad Singh, Resident of Manju Niketan, Budhijivi Colony, Road No. 8, P.O. Anishabad, P.S. Beur, DistrictPatna, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Circle, Saran at Chapra.

32.

Harinath Manjhi, son of Late Gulab Manjhi, Resident of village- Dumariya, P.O. Amwa Nakchhed, P.S. Gopalganj, District- Gopalganj, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Begusarai, District- Begusarai.

33.

Dinesh Prasad, son of Late Onkar Prasad, Resident of village and P.O. Sheonar, P.S. Mokama, District- Patna, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Bakhari, District- Begusarai.

34.

Ashok Kumar, son of Late Balmiki Prasad, Resident of Mohalla- east of Bashistha Vihar Colony, Harni Chak, P.O. Anishabad, P.S. Beur, DistrictPatna, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Circle, Bhagalpur.

35.

Ashok Kumar Mishra, son of Sri Baliram Mishra, Resident of villageAazamgarh, P.O. Lagma, P.S. Dumra, District- Sitamarhi, presently posted

4/11 as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Khagaria, District- Khagaria.

36.

Sanjay Kumar Rai, son of Late Samodhi Prasad Rai, Resident of villageMarachhiya, P.O. Gujrauli, P.S. Hayaghat, District- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Bagaha, District- West Champaran. 37.

Mahesh Kumar Jha, son of Late Jageshwar Jha, Resident of village and P.O. Sonupur, P.S. Rosera, District- Samastipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Darbhanga.

39.

Akhilesh Kumar Das, son of Late Ghaneshwar Lal Das, Resident of villageBarheta, P.O. Laheriasarai, P.S. Bahadurpur, District- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Sheikhpura, District- Sheikhpura. 40.

Nag Narayan Singh, son of Late Sitaram Singh, Resident of village and P.O. Safiabad, P.S. Baikunthpur, District- Gopalganj, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Darbhanga, District- Darbhanga.

41.

Akhileshwar Prasad Srivastava, son of Late Ram Nandan Prasad, Resident of village- Hariharpur, P.O. Rupauli, P.S. Saraiya, District- Muzaffarpur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Banmankhi, District- Purnea. 42.

Ram Naresh Singh, son of Late Mahendra Singh, Resident of villageFatikwara, P.O. and P.S. Desri, District- Vaishali at Hajipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Arwal, District- Arwal.

43.

Maharudra Jha, son of Late Chandrabali Jha, Resident of Dharampur Bank Colony, P.O. Laxmi Sagar, P.S. Darbhanga Sadar, District- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Samastipur, District- Samastipur. 44.

Shobhana Jha, wife of Mani Kant Jha, Resident of Mohalla- Gandhi Nagar, Katraiya, P.O. Laxmi Sagar, P.S. Darbhanga Sadar, District- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Samastipur.

45.

Satish Chandra Jha, son of Late Upendra Nath Jha, Resident of village and P.O. Somepur, District- samastipur, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Benipur, DistrictDarbhanga. 46.

Vijay Narayan Das, son of Late Mahabir Lal Das, Resident of villageBahera, P.O. Bhith Bhagwanpur, P.S. Bheja, District- Madhubani, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Siwan, District- Siwan.

47.

Manish Kumar, son of Late Sheo Shankar Seth, Resident of village and P.O. Singhiya Ghat, P.S. Bibhutipur, District- Samastipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Aurangabad, District- Aurangabad.

48.

Shobha Nand Baitha, son of Late Karsan Baitha, Resident of village and

5/11 P.O. Manikpur, P.S. Gopalganj, District- Gopalganj, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Hilsa, District- Nalanda.

49.

Binod Paswan, son of Late Munni Paswan, Resident of village- Rani Bigha, P.O. Uttrain, P.S. Tekari, District- Gaya, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Khagaria, District- Khagaria.

50.

Ram Babu Prasad, son of Late Ramchandra Prasad, Resident of MohallaJanki Asthan, Gaushala Road, P.O. and P.S. Sitamarhi, District- Sitamarhi, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Madhepura, District- Madhepura. 51.

Shiv Shankar Mahto, son of Mishri Lal Mahto, Resident of villageChakrare Maniyari, P.O. Chandanpatti, P.S. Sakra, District- Muzaffarpur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Samastipur, District- Samastipur. 52.

Kashi Kant Chaudhary, son of Late Krishnadeo Chaudhary, Resident of village and P.O. Pokhram, P.S. Biraul, District- Darbhanga, the retired Senior Accounts Clerk, Rural Works Department, Works Division, TarapurKharagpur, District- Munger. 53.

Sanjay Kumar Mandal, son of Late Laxmi Prasad Mandal, Resident of Mohalla- Naya Tola, P.O. and P.S. Katihar, District- Katihar, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Madhubani, District- Madhubani. 54.

Shankar Jha, son of Faudar Jha, Resident of village- Navtoli, P.O. Dhakjari, P.S. Arer, District- Madhubani, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Barsoi, District- Katihar. 55.

Suresh Sah, son of Late Ramchandra Sah, Resident of village- Sikandarpur, P.O. Rajaura, P.S. Begusarai Muffasil, District- Begusarai, the retired, Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Sheohar, District- Sheohar.

56.

Sunil Kumar Chaudhary, son of Late Parmanand Chaudhary, Resident of village and P.O. Kanhauli, P.S. Minagacchi, District- Darbhanga, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Madhepura, District- Madhepura. 57.

Shatrughan Pandit, son of Late Bachnu Pandit, Resident of village- Sohrai, P.O. and P.S. Pandraul, District- Madhubani, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Sasaram, District- Rohtas.

58.

Ashok Kumar Pandey, son of Late Mahanth Pandey, Resident of villageKotwa, P.O. and P.S. Barauli, District- Gopalganj, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Sheohar, District- Sheohar.

59.

Saba Asghar, son of Md. Khurshid, Resident of Mohalla- Maurya Ghat, P.O. Gaya, P.S. Kotwali Gaya, District- Gaya, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Barsoi, District- Katihar.

60.

Intezar Anjum, son of Md. Wahid, Resident of village- Puja Kothi, P.O.

6/11 Belaon, P.S. Kaler, District- Arwal, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Pakaridayal, District- East Champaran at Motihari.

61.

Md. Hefazat Karim, son of Late Md. Ata Karim, Resident of villageBazidpur, P.O. and P.S. Sheikhpura, District- Sheikhpura, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Chapra, District- Saran at Chapra. 62.

Suresh Prasad, son of Late Tek Narayan Mahto, Resident of villageMakanpur, P.O. Barara, P.S. Noorsarai, District- Nalanda at Biharsharif, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division No. 2, Sonepur, District- Saran.

63.

Ram Udgar Sah, son of Late Dewan Sah, Resident of village- Hardiya, P.O. Rajaura, P.S. Muffasil Begusarai, District- Begusarai, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Bettiah, District- West Champaran. 64.

Ram Shankar Mochi, son of Late Jangal Mochi, Resident of village and P.O. Nirep, P.S. Barauni, District- Begusarai, the retired Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Munger, DistrictMunger. 65.

Ram Naresh Kumar Mishra, son of Late Tripti Narayan Mishra, Resident of village- Hanuman Nagar, P.O. Marwari, P.S. Rosera, District- Samastipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-2, Banmankhi, District- Purnea. 66.

Md. Moinuddin, son of Late Hafiz Md. Ismail, Resident of village- Pirganj, P.O. Tehta, P.S. Makhdumpur, District- Jehanabad, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Araria, District- Araria.

67.

Ram Kumar Chaudhary, son of Late Ganga Kant Chaudhary, Resident of village and P.O. Baidyanathpur, P.S. Rosera, District- Samastipur, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Araria, District- Araria.

68.

Santosh Prasad, son of Late Sita Ram Prasad, Resident of village- Rahima, P.O. Atnama, P.S. Barh, District- Patna, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division, Araria, District- Araria.

69.

Yugal Kishore, son of Late Ram Bachchan Ram, Resident of villageSaraon, P.O. Saraon, P.S. Nasriganj, District- Rohtas, presently posted as Senior Accounts Clerk, Local Area Engineering Organization, Works Division-1, Siwan, District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 3.

The Secretary Expenditure, Finance Department, Government of Bihar, Patna.

7/11 4.

The Principal Secretary, Planning and Development Department, Government of Bihar, Patna.

5.

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

6.

The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Rural Works Department, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. B. K. Manglam, Advocate Mr. Awnish Kumar, Advocate Mr. Kumar Gaurav, Advocate Mr. Vikash Kr. Singh, Advocate For the Respondent/s :

Mr. Rohitash Das, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-04-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners have filed the present writ petition with the following relief/s :- "(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent No.5 to produce on record, the opinion of the Finance Department by which it was opined that the Accounts Clerk of erstwhile National Rural Employment Programme presently work as Accounts Clerk in Local Area Engineering Organization are not entitled for the pay-scale prescribed for the Accounts Clerk of the Works Department vide Resolution no.3111 dated 25.03.2015 of the Finance Department, Government of Bihar and on production the same may be quashed by issuance of an appropriate writ in the

8/11 nature of CERTIORARI.

(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 28.02.2018 issued under the signature of the Respondent no.5 and contained in his memo no.2453 dated 28.02.2018, whereby and where under he has been pleased to direct that in the opinion of the Finance Department, the Accounts Clerk, who were appointed by the Rural Development Department, Government of Bihar, Patna under National Rural Employment Programme are not to be treated at par with the Accounts Clerk of the Works Department of the State, they will not be entitled for the pay-scale prescribed for Accounts Clerk of Works Department vide Finance Department Resolution No.3111 dated 25.03.2015.

(III) For a declaration that if the qualification , nature of work ,the responsibility and the works, they do as Accounts Clerk presently under the Local Area Engineering Organization or the work they had done as an Accounts Clerk under National Rural Employment Programme is the same and similar to the work of Accounts Clerk of the socalled Works Department of the State, the writ petitioners are also entitled for the same pay-scale and the same benefit which has been sanctioned for the Accounts Clerk of the Works Department and with effect from the same date.

(IV) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and

9/11 directing the Respondent Authorities for fixation of salary of the writ petitioners in the pay-scale prescribed for Accounts Clerk in the Resolution of the Finance Department contained in Resolution No.3111 dated 25.05.2015 and to pay them their arrears of salaries from the date when such pay-scale admission for the writ petitioners.

(V) For issuance of any other appropriate writ/writs,order /orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

3. Learned counsel for the petitioners submits that the order impugned is Annexure-6 which is Memo No. 2453 dated 28.02.2018 passed by the Secretary, Rural Works Department, Government of Bihar, Patna and according to the said Memo, it has been issued based on the advice of the Finance Department. Learned counsel for the petitioner further submits that in a democratic country like India, the Rule of Law has to prevail over anyone, and the rule for the purpose of deciding the case of the petitioner is the National Rural Employment Programme. Learned counsel for the petitioner further submits that the said decision has not correctly been taken by the Finance Department but he has admitted that he has not filed any representation till date before the Finance Department.

10/11

4. Learned counsel for the petitioners submits that once the services of the petitioners have been absorbed then in that case, they cannot be treated unequally and therefore treatment shall be as like that of other employees of the Government.

5. Learned counsel for the State on the other hand submits that the principal authority in such type of matter is the finance department. Therefore, prior to deciding this issue before the Court of law, it may be proper and just that the matter be referred before the Finance Department with a direction to decide the same considering all the aspects of the matter within the fixed time frame.

6. In the light of the submissions made and for the purpose of adjudication of this matter, the petitioners are granted liberty to file representation before the Principal Secretary Finance Department, Government of Bihar within 30 days from today raising all the grievances as raised in the writ petition whereupon the Principal Secretary, Finance Department, Government of Bihar shall consider and decide the representation filed by the petitioner with a reasoned and speaking order within 90 days from the date of its filing. The date of 90 days shall be counted after the last date of the general

11/11 election of Lok Sabha 2024.

7. It is made clear that till the disposal of the matter, no recovery shall be made from the petitioner.

8. Since as submitted by learned counsel for the petitioner during the pendency of the writ petition some of the petitioners have retired, this Court directs the Principal Secretary, Rural Works Department, Government of Bihar that they shall not stop their retiral dues and he shall make their admitted dues without treating this case as a hindrance in their payment.

9. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 18/04/2024 Transmission Date NA