IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3508 of 2007
Md.Mustafa, SON OF LATE MD. YASIN, RESIDENT OF VILLAGE-
BHAUWARA LAXMI SAGAR, P.S.- MADHUBANI, DISTRICT-
MADHUBANI :---PETITIONER.
Versus
1. The State Of Bihar
2. THE DISTRICT MAGISTRATE, MADHUBANI.
3. THE DISTRICT DEVELOPMENT COMMISSIONER, DISTRICT-
MADHUBANI.
4. THE DISTRICT SUPERINTENDENT OF ENGINEER,
DISTRICT- MADHUBANI.
5. THE S.D.O. JHANJHARPUR, DISTRICT- MADHUBANI.
6. THE B.D.O. JHANJHARPUR, DISTRICT- MADHUNI.
7. THE C.O. JHANJHARPUR, DISTRICT- MADHUBANI.
8. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION,
DISTRICT- MADHUBANI.
9. THE ASSISTANT ENGINEER MINOR IRRIGATION
SUBDIVISION, JHANJHARPUR, DISTRICT- MADHUBANI :---
RESPONDENTS.
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3. 16.09.2011. Heard learned counsel for the petitioner and
the State.
2. Petitioner was engaged to work as a
Watchman in the godown of the Sub-Divisional Officer,
Minor Irrigation, Jhanjharpur with effect from June,
1981. According to the petitioner he continued to
discharge the duties of the Watchman in the aforesaid
godown until 30.9.1996 but was paid wages until
20.1.1982. From 21.1.1982 he has not been paid
wages although he served as Watchman in the godown
until 30.9.1996. This writ petition has been filed for a
direction to the Sub-Divisional Officer, Minor
Irrigation, Jhanjharpur to make payment of the
arrears of wages for the period between 21.1.1982-
30.9.1996. Further prayer is also made to consider the
case of the petitioner for regularization in the light of
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the Government circular to consider the regularization
of the daily wage earners.
3. Aforesaid prayer is being refuted by the
counsel for the State with reference to the averments
made in the counter affidavit on the basis of the
contents of Letter No. 734 dated 26th November, 1998
of the Executive Engineer, Minor Irrigation Division,
Madhubani addressed to the Superintending Engineer,
Minor Irrigation Circle, Darbhanga in response to the
request of the Sub-Divisional Officer, Minor Irrigation,
Jhanjharpur to make payment of wages to the
petitioner for the period between 21.1.1982-30.6.1986.
Such request of the Sub-Divisional Officer was not
favourably considered and recommended by the
Executive Engineer as no records indicating marking
of attendance by the petitioner for the period between
21.1.1982-30.6.1986 was available in the Division
although records were available to suggest discharge
of duty by the petitioner from 1.7.1986 as has been
reported by the Junior Engineer under Letter No. 0
dated 1.7.1986. The authorities desire that the prayer
of the petitioner for arrears of wages be rejected on the
basis of the non-availability of the attendance-sheet
showing marking of attendance by the petitioner in the
Division. Petitioner was working as a Watchman in the
Sub-Division. His attendance-sheet must be available
in the Sub-Division.
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4. In the circumstances, I dispose of the writ
petition directing the Executive Engineer to verify from
the Attendance-Register maintained in the Sub-
Division as to whether petitioner was present during
the period between 21.1.1982-30.9.1996 in the Sub-
Division and if he was so present and serving as
Watchman in the godown of the Sub-Division, he be
paid his arrears of wages for the said period. The other
prayer of the petitioner for regularization be also
considered in accordance with the resolution of the
State Government as petitioner was engaged to serve
as a Watchman in June, 1981 prior to the cut off date.
Necessary order concerning the payment of arrears of
wages be passed by the Executive Engineer after
verifying the attendance record of the Sub-Division
and if any wage is found due to the petitioner, same be
paid as early as possible, in any case within a period
of two months from the date of receipt/production of a
copy of this order before the Executive Engineer. The
prayer of the petitioner for regularization be
considered by the competent authority in the
department within another three months.
P.K.P. (V.N.Sinha,J.)