JUDGMENT :

Sangam Kumar Sahoo, C.J. 

This L.P.A has been filed challenging the order dated 24.06.2025 passed by the learned Single Judge in C.W.J.C No. 9626 of 2025 disposing of the writ petition and giving liberty to the petitioner to file fresh representation before the respondent no. 3 Chief Engineer, Water Resource Department, Government of Bihar, within a period of 30 days raising all the grievances which would be considered and disposed of by passing a reasoned and speaking order, strictly in accordance with law and in the light of Finance Department Resolution No. 5547 dated 03.07.2019 within a period of 90 days from the date of receipt/production of the copy of the order along with the representation.

It is stated by the learned counsel for the appellant that in pursuance of the impugned order, no representation was filed by the appellant before the respondent no. 3, but the appellant has preferred to challenge the impugned order in the present L.P.A.

2. The writ petition was filed seeking for a prayer to set aside the order contained in Memo No. 187 dated 17.01.2013 issued by the respondent no. 3 in refusing to regularize the services of the petitioner and also for a further direction to extend the benefit of regularization to the petitioner like similarly situated work charge employees and/or even junior to the petitioner as work charge employees. The petitioner has also challenged the order contained in memo no. 3953 dated 22.12.2023 issued under the signature of respondent no. 3 in rejecting his claim for regularization inter alia with other reliefs.

It is the case of the petitioner that he was appointed as Work Supervisor Grade II in the work charge establishment of Electrical-cum-Mechanical Division, Valmiki Nagar of Water resources Department on 20.12.1973 and continued to discharge his duty till his retirement w.e.f. 30.09.2012. After five years of completion of service, the petitioner proceeded on leave on account of illness with due sanction as per leave rules contained in the Bihar Service Code, joined his service and since he had not recovered fully from his illness, he again proceeded on leave and then he reported for joining on 09.05.2004.

It is the further case of the petitioner that State Government by its resolution no. 6394(2) dated 23.10.1987 put a blanket ban on any fresh appointment in the work charge establishment and decided to regularize the services of those work charge employees who had completed at least 5 years of continuous service till 21.10.1984 by taking them in the regular establishment and making them entitled to pension and other retiral benefits.

It is the further case of the petitioner that the respondent no. 5, Executive Engineer forwarded the case of the petitioner for regularization on 23.08.2007. The petitioner submitted representations in the year 2012 ventilating his grievances before the concerned authorities with a prayer to regularize his service.

It is further case of the petitioner that earlier he approached this Court in C.W.J.C. No. 16099 of 2012 for a direction to the respondent authorities to regularize his service and to grant him all consequential benefits in the light of observations made by the Division Bench of this Court in the case of Koshi Project Workers’ Association -Vrs.- State of Bihar reported in 2007 (1) PLJR 358 which was disposed of on 03.10.2012 directing the authorities to consider his case without making delay as he had already been superannuated.

The petitioner communicated the order of this Court to the authorities with his representation but since no action was taken, he filed the contempt petition which was dismissed on 15.05.2013 as in the meantime the authorities refused to regularize his service as per order contained in memo no. 187 dated 17.01.2013.

It is the further case of the petitioner that he approached this Court once again by filing C.W.J.C. No. 130 of 2014 challenging the aforesaid order dated 17.01.2013 by which his regularization was turned