Tapen Sen, J.

1. Heard Mr. Rajeev Sinha, learned counsel for the petitioner and Mr. Pradip Modi, learned G.P.I, for the respondents.

2. Whether the resolution/notification No. 6394 dated 23.10.1987 can be applied upon the petitioner is the moot question that has to be decided in this case.

3. According to the petitioners, by an order dated 9.7.1980 the Chief Engineer. National High Ways Project terminated the services of several employees including the petitioner and thereafter by order dated 4.4.1981 issued by the Chief Engineer, Public Works Department. National High Ways as contained at Annexure 2, the retrenched staff including the petitioner were taken back in service. The name of the husband of the Petitioner No. 1 (and father of the Petitioner No. 2), namely, Ajay Kumar Sinhas name was mentioned at SI. No. 1 of running page 31 of this Writ Application.

4. On 5.4.1984 by Annexure 5 a letter was issued under the signature of the Joint Secretary, Road Construction Department, Government of Bihar, Patna addressed to the Accountant General, Bihar through the Department of Finance, wherein it was inter alia informed that pursuant to the demands raised by the PWD Mazdoor Union, it