Mohit Kumar Shah, J. – The present writ petition has been filed for directing the respondents to place the petitioner in the rank of Class-III employee on the post of Works Inspector with effect from the year 2006 and grant him all the consequential benefits.

2. The brief facts of the case, according to the petitioner, are that he was initially appointed on daily wages in the year 1981 in the Department of Public Health Engineering and vide office order dated 13.11.1982, issued by the Superintending Engineer, Public Health Engineer Department, Muzaffarpur Circle, Muzaffarpur, the petitioner was appointed on temporary basis on the post of Works Inspector in the Work Charge Establishment, whereupon he was posted at the Public Health Division, Bettiah, however, he was never paid the regular pay-scale of the post of Works Inspector rather he was paid daily wages. It is also the case of the petitioner that pursuant to an order passed in a writ petition bearing C.W.J.C. No. 7359 of 2002, the Department of Public Health Engineering, Government of Bihar, created new posts for absorption of daily wage workers/work charge employees, working in the Public Health Engineering Department, whereupon the name of the petitioner was recommended for absorption against the post of fourth grade employee. Thereafter, the Executive Engineer, Public Health Division, Araria had issued an office order dated 01.12.2006, regarding absorption of the services of the petitioner and others on the post of Keyman cum Chaukidar cum Khalasi.

3. The Ld. counsel for the petitioner has submitted that though the petitioner was required to be absorbed as a Class-III employee, nonetheless, he was absorbed on a class-IV post i.e. on the post of Keyman cum Chaukidar cum Khalasi, hence he had raised his grievance before the Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Government of Bihar, Patna, by filing a representation dated 17.08.2006, however, till date his grievance has not stood redressed.

4. Per contra, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case, that the petitioner was initially engaged as a daily wage employee in the year 1981 and later on, in the year 1982, he was brought in the Work Charge Establishment as a Works Inspector, under the Public Health Division, Muzaffarpur, however, again he was reverted back as a daily wage employee in the year 2002, upon his appointment in the Work Charge Establishment having been found to be null and void and against the Government decisions. The petitioner was then absorbed in the regular establishment by an order dated 28.11.2006, in light of the policy decision of the Govt. of Bihar, as contained in Memo dated 16.03.2006, issued by the General Administration Department, upon recommendation made by the Three Men Committee. It is further submitted that the petitioner was absorbed against the newly created and sanctioned posts, as per the policy decision of the State Government as also in light of the observations of the Hon’ble High Court, whereafter the petitioner had accepted the offer of appointment and submitted his joining on the post of Keyman/ Chaukidar vide letter dated 01.12.2006 without any demur or protest and had not raised any objection regarding him being not appointed on the post of Works Inspector. It is also submitted that at that moment of time, there was no sanctioned post of Works Inspector available for absorption of the petitioner, hence he was absorbed against the newly created posts of Keyman cum Chaukidar cum Khalasi in the regular establishment in the year 2006 itself.

5. The learned counsel for the respondent-State has also submitted that the petitioner is raising a grievance regarding him not being absorbed on the post of Works Inspector and instead having been absorbed on the post of Keyman cum Chaukidar, after 10 years of submitting his joining on the post of Keyman cum Chaukidar withou