ORDER
S.J. Mukhopadhaya, J.
1. This writ petition has been preferred by petitioner for direction on the respondents to absorb him to the post of Masson (Raj Mistry) or any other suitable post as per Government policy decision.
2. The case of petitioner is that he is working as Masson (Raj Mistry) since 19th April, 1966 having initially appointed in Tenughat Sub-Division Dam Project, Tenu-ghat. He has also been given time bound promotion w.e.f. 1st April 1981 by the Chief Engineer, Irrigation Department, Ranchi vide letter No. 2628 dated 2nd August, 1988. It is alleged that while the respondents regularized the services of others, have not considered the case of petitioner.
3. The respondent No. 5 in its affidavit has taken plea that the concerned Deputy Commissioner is required to take action for absorption of petitioner.
4. In the counter affidavit filed on behalf of respondent Nos. 6, 7 and 8, the following statement has been made :
“That it is humbly stated and submitted that the petitioner, Sattar Ansari was appointed on the post of Mason (Raj
Mistry) in Tenughat Dam Project. It would be apparent from the letter No. 306 dated 16.5.1974 of the Chief Secretary, Govt. of Bihar. Patna that during the construction of Tenughat Dam in 1965-66 more than 4000 persons were appointed on daily wages. After completion of the said Dam those daily wages workers were converted into surplus work charged employees and the Govt. of Bihar took a policy decision to absorb them into various other irrigation project. Most of the work charged surplus employee were absorbed against vacant posts in different projects except some including the petitioner, the service of the petitioner was placed at the disposal of the Sub-Divisional ‘Officer, Khunti i.e. respondent No. 8 in 1974 ‘but his monthly salary was being paid by the irrigation department i.e. Tenughat Dam Sub-Division Tenughat every month through Bank Draft as per the instructions contained in letter No. 429 dated 8.3.1975 of the Chief Secretary, Govt. of Bihar Patna. The payment of salary of the petitioner has been stopped vide memo No. 2071 dated 3.7.1997 issued by the Special Officer, Water Resources Depart. Bihar Patna with effect from September, 1997. The petitioner has been paid his salary up to August, 1997 and after he is not being paid his salary. The Secretary Water Resources Department Bihar Patna has directed the Sub-Divisional Officer, Khunti to take immediate steps for absorption and payment of salary keeping in view of the financial crisis of the petitioner. The copies of above mentioned Govt. letter have been annexed to the writ petition.
That it is further humbly stated and submitted that the Sub-Divisional Officer, Khunti i.e. respondent No. 8 reported the full facts of the case of the petitioner to the Deputy Commissioner, Ranchi with a request to absorb the petitioner against the suitable post of the collectorate vide his letter No. 117 (ii)/Estt. Dt. 7.4.1998 with a copy to the District Establishment Deputy Collector, Ranchi in the light of the above mentioned Govt. instructions.
That it is further humbly stated and submitted that it would be apparent from the perusal of the letter No. 212 (ii)/Estt. Dt. 5.6.1998 and letter No. 1669 dated 28.8.1998 from the Executive Engineer, Tenughat, Tenughat Dam Division, Tenughat received vide Sub-Divisional Officer, Khunti, letter No. 550 (ii) dated 24.9.1998 that the petitioner is holding the post of mason (Raj Mistry) which comes under the category of class III post. His pay scale is Rs. 950-20-1150-25-1400 and his basic pay on 1.1.90 is Rs. 1275/- per month. His date of birth as recorded in his service book is 1.7.1965 and his educational qualification is literate only. The petitioner’s educational qualification is only literate and so he cannot be absorbed in class III of the collectorate. Besides this the post of the Mason (Raj Mistry) which the petitioner is holding comes under the category of class III post and the scale of this post is higher than that of the IVth grade post of the collectorate and as such the petitioner cannot be absorbed in class IVth post of the Collectorate. Thus there is no suitable post in the collectorate in which the petitioner can be absorbed.
In the above mentioned facts and circumstances, the Secretary, Water Resources Departt. Bihar Patna was requested to issue necessary instructions regarding absorption of the petitioner intimating the full facts vide letter No. 45 (i)/Estt. Dt. 16.11.1998 with a copy to the Secretary, Revenue and Land Reforms Department, Bihar Patna by the Deputy Commissioner, Ranchi i.e. Respondent No. 6. The copies of SDO Khunti letter No. 212 (ii) Estt. Dt. 5.6.1998 and letter No. 550 (ii) Estt. Dt. 24.9.1998 have been annexed to the writ application.”
5. It appears that in similar case of Jai Singh, CWJC No. 2088 of 1998, a Bench of the Patna High Court vide order dated 13th July, 1999 directed the Chief Engineer (Mechaniacal) to post the said petitioner against the post of Mechanic Grade-II with further direction to the Sub-divisional Officer, Hilsa and the Executive Engineer, Tenughat Dam Division No. 7, Tenughat,
Bokaro to pay salary to the petitioner for the period from September, 1997 onwards.
6. Having regard to the facts and circumstances, taking into consideration that the petitioner is working as Mason since 1966, the respondents are directed to absorbed him against the post he is working without raising the question of qualification, he having worked for about 36 years. The salary if any due to petitioner since September, 1997 be also paid immediately.
7. Both the orders are to be complied within a period of three months, falling which this Court may take appropriate action against the erring officer/employee.
8. The petitioner will produce a copy of this order before the SDO, Khunti, Deputy Commissioner, Ranchi and the Chief Engineer, Irrigation Department, who will ensure compliance.
9. The writ petition is allowed with the aforesaid observations/directions.