Surya Kumar Das &Amp; Ors. vs The State Of Bihar &Amp; Ors. on 23 March, 2011

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                    MJC No.4086 of 2009
1. ADITYA NARAYAN SINGH S/O LATE KESHRI SINGH R/O VILL
AND PO MATHILA, P.S KORAN, SARAIYAN, DISTT- BUXAR
PRESNETLY POSTED AS CHOWKIDAR UNDER EXECUTIVE
ENGINEER, TIRHUT CANAL DIVISIONL NO. 1, MOTIHARI
                   Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,
GOVT.OF BIHAR, OLD SECRETARIAT, PATNA
2. SRI JAY VINAYAK         SECRETARY, WATER RESOURCES
DEPARTMENT, GOVT. OF BIHR, SINCHAI BHAWAN, PATNA
3. SRI RJESHWAR DAYAL           ENGINEER-IN-CHIEF, WATER
RESOURCES DEPARTMENT, GOVT. OF PATNA
4. SRI DHIRENDRA KUMAR             CHIEF ENGINEER, WATER
RESOURCES DEPARTMENT, BALMIKI NAGAR
5. SRI SUNIL KUMAR SRIVASTAVA              SUPERINTENDING
ENGINEER, TIRHUT CANAL CIRCLE, MOTIHARI
6. SRI BHARAT PURVE, EXECUTIVE ENGINEER, TIRHUT CANAL
DIVISION NO. 1, MOTIHARI
                      With
               MJC No.4087 of 2009
1. SURYA KUMAR DAS S/O SRI RAGHUBIR RAM R/O VILL-
MANER NAI BASTI, P.S AND P.O- MANER, DISTT- PATNA
2. LOKNATH SINGH S/O LATE MUSAFIR GOPE R/O VILL-
BHAWANI TOLA, P.O RAMPUR DIARA, P.S- MANER, DISTT-
PATNA
3. SHYAMDEO RAI S/O LATE BASAWAN RAI R/O VILL AND P.O-
ANISABAD, P.S GARDANIBAGH, DISTT- PATNA
4. DINESH PRASAD SINGH, S/O LATE RAMAVATAR SINGH R/O
VILL- SATYENDRA NAGAR, P.O AND P.S- MNER, DISTT- PATNA
5. BALMIKI SINGH S/O LATE HARO SINGH R/O VIL AND P.O-
BHADOKHARA, P.S- MUFASSIL AKONA, DISTT- NAWADAH
6. DHANESH PRASAD SINGH S/O SRI RAMESHWAR SINGH R/O
VILL- LODIPUR (JIVRAKHAN TOLA), P.O- DEYARPUR, P.S
MANER, DISTT- PATNA
                   Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,
GOVT. OF BIHAR OLD SECRETARIAT, PATNA
2. SRI AJAY VINAYAK,       SECRETARY, WATER RESOURCES
DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA
3. SRI RAJESHWAR DYAL,         ENGINEER IN CHIEF, WATER
RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA
4. SRI DHIRENDRA KUMAR            CHIEF ENGINEER, WATER
RESOURES DEPARTMENT, BALMIKI NAGAR
5. SRI KALU SARDAR             SUPERINTENDING ENGINEER,
DRAINAGARE RESEARCH CIRCLE, MOTIHARI
6. SRI SUNIL KUMAR SRIVASTAVA,             SUPERINTENDING
ENGINEER, TIRHUT CANAL CIRCLE, MOTIHARI
7. SRI KRISHNANDAN SINGH SUPERINTENDRING ENGINEER,
HEAD WORKS CIRCLE, BALMIKINAGAR
8. SRI KRISHNA MANDAN SINGH, EXECUTIVE ENGINEER, HEAD
WORKS DIVISION, BALMIKINAGAR
                                                 2




                       9. SRI GRISH CHNDRA SHAFI EXECUTIVE ENGINEER, SIKRAHNA
                       EMBANKMENT DIVISION, MOTIHARI
                       10. SRI BHARAT PURVE, EXECUTIVE ENGINEER, TIRHUT CANAL
                       DIVISION NO.1, MOTIHARI
                       11. SRI LALAN SINGH EXECUTIVE ENGINEER DHAKA CANAL
                       NAVIKARAN, DHAKA
                       12. SRI RITENDRA KUMAR SINGH EXECUTIVE ENGINEER,
                       CHAMPARAN EMBANKMENT DIVISION, MOTIHARI
                                               -----------

06. 23.03.2011 In compliance of the orders of this Court dated 26.8.2009

and 4.9.2009 State respondents have passed order dated 18.3.2011 on

the basis of which the Executive Engineer has passed order dated

18.3.2011, which is contained in Annexures-F, G to the supplementary

show cause, wherefrom it appears that petitioners have been

regularized on the post of Chaukidar/Peon with effect from 12.9.2009

and they have been allowed increment from that date.

The two contempt petition(s) are, accordingly, disposed of

granting liberty to the petitioners to challenge the aforesaid two orders,

whereunder request of the petitioners for grant of increment for the

period until their regularization on the post of Chaukidar/Peon has

been refused.

Rajesh/                                                             ( V.N. Sinha, J.)