IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22457 of 2014 ======================================================

Manoj Kumar Son of Late Lakshman Rai Resident of Village-Hajipur, Gandhi Ashram, P.O.-Hajipur, P.S.-Hajipur Nagar, District-Vaishali.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The District Magistrate, Samastipur.

3. The Executive Engineer Public Health Engineering Department Divisional Office, Samastipur.

4. The Sub-Divisional Officer Public Health Engineering Department, Samastipur.

5. The Assistant Engineer Public Health Engineering Department, Samastipur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Rajendra Nath Sinha For the Respondent/s : Mr. S.S. Tiwary, Ex-AAG -15.

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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER

3 17-02-2026 1. The present Writ application has been filed for a direction to the respondents to place the name of the petitioner in the panel which has been prepared pursuant to memo no. 1224 dated 08.07.2014, and to release his due payment since September, 2014 onwards. Further prayer of the petitioner is for a direction to the respondents to count his seniority as per his working experience.

2. The brief facts, as culled out from the Writ petition are that the petitioner was engaged as a Water Pump Operator, in Gram Panchayat Darwa under Patori Sub Division, in the district of Samastipur by respondent no. 3 on 27.04.2012 and was working on muster roll and drawing his salary on muster roll chart. The appointment of the petitioner was also mentioned in the gazette published on dated 30.05.2013, in the daily edition of Hindustan Newspaper and his name was figured at sl. no. 6. The department being satisfied with his work, paid his daily wages till the month of August, 2013. Further case of the petitioner is that vide Memo No. 1224 dated 08.07.2014 issued by the Public Health Engineering Department, Govt. of Bihar, Patna (in short “PHED”), a provision for panel was made, with respect to the employment on the post of Water Pump Operator for supply of water in rural areas. Thereafter, a general public notice was issued inviting applications from the local public for engagement on the said post. The Writ petition further discloses that the petitioner made a representation before the Chief Secretary, Lok Swasthya Abhiyantran, Patna on 24.10.2014. However, the name of the petitioner was not included in the panel and, therefore, the present Writ application has been filed.

3. The respondent nos. 3 to 5 have filed a detailed counter affidavit denying the averments made in the Writ petition. The contents of the counter affidavit disclose that the petitioner had been working as un-skilled or semi-skilled labour in exigencies of work in order to provide continuous water supply in rural and urban areas and the said engagement is purely temporary in nature. The petitioner or other persons alike him, have not been appointed on any post after due advertisement. The petitioner was paid on day to day basis, in accordance with admissible wages. It has been averred in the counter affidavit that there has been lack of a recruitment rules for the post of Pump Operator and Electricians in the PHED, and only in order to avoid the difficulties in providing regular supply of water in the urban as well as rural areas where the pumps were lying inoperative, the engagement of petitioner and others were done as Pump Operators. Pursuant to the order of this Court in CWJC No. 3521/2014, the requirement to fill up the posts of Pump Operator, the PHED Department drafted the “PHED Pump Operators /Electrician (Recruitment & Service) Conditions Rules, 2014 and the Rules have finally been notified vide Memo No. 1134 dated 08.09.2014 by the Government of Bihar and process for appointment on the post of Pump Operators has to be undertaken through public advertisement in