JUDGMENT :

1. Six writ petitioners have filed the present writ petition for the following reliefs:-

“(a) for issuance of writ in the nature of writ of certiorari, mandamus or any other appropriate writ or writs, order or direction commanding the respondents to consider the past services of petitioners rendered in non-Gazetted Capacity for pension and gratuity after superannuation from Government Service they discharged duties for more than 30 years, and

(b) to quash the Memo No. 6632(S) 28.08.2018 (Annexure-18) issued by the Deputy Secretary, Road Construction Department, Government of Bihar, Patna by which the order/direction dated 02.05.2018 passed by this Hon’ble Court in CWJC No. 14304 of 2015 (Annexure-15) has been misinterpreted and the respondents refused to follow the direction for payment of pension and other retiral dues to retired employees under Rule 59 of Bihar Pension Rule, 1950 including the Government decision contained in Memo No. Pen-1024/69/11779-F dated 12.08.1969 and arbitrarily and unlawfully rejected and disposed of the representation filed by the petitioners on 17.05.2018 in pursuant to Hon’ble Court’s direction dated 02.05.2018.”

2. Shorn of unnecessary details, the relevant facts, for the purposes of deciding the present writ petition, are set out below.

3. In exigency of situation when there was total ban on appointment of Classes III and IV employees, appointments were made by the competent authorities of different Departments including the Road Construction Department on muster roll/daily wages basis on vacant sanctioned post to catre the day to day need of the administration. In between July, 1984 to December, 1984 269 persons including the petitioners were engaged on daily wage basis against the sanctioned vacant posts. They started discharging their duties in the concerned office/establishment. In February, 1992 an agreement was reached in between the daily wage/muster roll employees and the contingent employees Association and the State Government and it was agreed that those who have been appointed against sanctioned vacant post upto the cut-off date i.e. 1.8.1985 and have completed 240 days, they shall be appointed on preferential basis. It may be relevant to mention here that agreement between employees federation and the Government has binding effect as held out by the Apex Court in the case of State of Bihar v. Sunny Prakash, (2013) 3 SCC 559.

The Department of Personnel and Administrative Reforms issued resolution as contained in Memo No. 5940 dated 18th June, 1993, as contained in Annexure-1. The relevant part of the resolution dated 18.6.1993, as contained in Annexure-1 is quoted below:-

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