IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S) No.5660 of 2003

with

W.P.(S) No. 6497 of 2003

1. Devendra Singh

2. Jay Nandan Mishra

3. Amarnath Singh

4. Kaushal Kishore Mandal

5. Kauleshwar Tiwari

6. Praduman Prasad Singh

7. Naiyer Azam

8. Satya Narayan Prasad

9. Raj Kumar Nath Tiwari

10. Satendra Yadav

11. Bipin Kumar Singh

12. Jawahar Lal Upadhyay

13. Bidya Nand Singh

14. Sunil Kumar Singh

15. Naushal Alai

16. Ram Narayan Ram

17. Bharat Lal Keshri

18. Muneshwar Yadav

19. Manu Das

20. Kamla Devi

21. Hirday Narayan Singh

22. Md. Alam

23. Lako Mahto

24. Deoraj Singh

25. Dipak Thakur

26. Barku Hembram

27. Din Dayal Ramani

28. Md. Ismail

29. Har Gauri Kisku

30. Md. Hamid Ansari

31. Bahadur Das

32. Alku Mahto

33. Jaldhar Marandi

34. Babulal Soren

35. Anil Singh

36. Dasrath Mahto

37. Dhajadhari Singh

38. Umesh Marik

39. Mattu Lal Hembram

…......

Petitioner ( in W.P.S. 5660 /03)

1. Sharat Kumar Majee

2. Prabin Kumar Dubey

3. Mosud Miya

4. Chhotelal Mirdha

5. Sagar Dutta

6. Joychand Mahato

7. Dhrubatara Mandal

8. Ajit Kumar Majee

9. Khagendra Nath Majee

10. Sital Kumar Ghosh

11. Haradhan Hansda

12. Maniruddin Ansari

13. Uttam Kumar Roy

…......

Petitioner ( in W.P.S. 6497/03)

Versus

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1. The State of Jharkhand

2. Secretary- cum-Commissioner, Irrigation Dept. Ranchi

3. Chief Engineer, Water Resources Department, Deoghar

4. Superintending Engineer, Water Resources Department, Madhupur

5. Superintending Engineer, Water Resources Department, Jamtara

6. Executive Engineer, Irrigation Division, Madhupur, Deoghar

7. Executive Engineer, Irrigation Division, Jamtara

8. Executive Engineer, Mechanical Division, Deoghar

.....

Respondents

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CORAM:

HON’BLE MR. JUSTICE APARESH KUMAR SINGH

in W.P.S. 5660 /03

For the Petitioner

: M/s A.K.Mehta, A.K.Das, Arbind Kumar

For the Respondents

: Mr. Chanchal Jain, J.C to A.A.G.

in W.P.S. 6497/03

For the Petitioner

: M/s Indrajit Sinha, Arpan Mishra

For the Respondents

: Mr. M. Jalisur Rahman, J.C. to G.P.III

21/11.12.2014

Heard counsel for the parties.

Petitioners in both the writ petitions were engaged on daily

wage basis between 1979 to 1985 in the Water Resources and

Irrigation Department under the State of Bihar. As per their case, they

were removed in the year 1994. They moved the Patna High Court

with a prayer to reinstate them in C.W.J.C. No. 2286 of 1999(Patna).

The learned Single Judge vide judgment dated 8.4.2002(Annexure-13

to W.P.S. No. 5660 of 2003) made an observation by giving liberty to

the petitioners to bring the matter to the notice of the Secretary,

Water Resources Department, Government of Jharkhand as also the

order of the Hon'ble Supreme Court in the case of State of Bihar

Vrs. Laghu Sichai Karmchari Sangh and others passed in S.L.P.

(Civil) No. 18164 of 1999 (Annexure-12), whereupon the Secretary,

Water Resources Department would consider the cases of the

petitioners and determine as to whether their cases are governed by

the decision of the Hon'ble Supreme Court and the resolution dated

18.6.1993 (Annexure-4) and whether their cases are required to be

considered along with those named, as has been called for vide letter

no. 10/01 dated 9.10.2001 or not within a period of 6 months. It

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appears that the petitioners' removal from service was not interfered

with earlier in the proceeding initiated before the Patna High Court as

would appear from the reading of the judgment dated 8.4.2002. The

Patna High Court in Civil Review No. 272 of 1997 appears to have

observed that the removal will not affect in the matter of

regularization of services of petitioners. In view of the judgment

rendered by the Patna High Court dated 8.4.2002, the Secretary,

Water Resources Department passed an order contained in letter no.

3262 dated 11.7.2003 which is impugned in both the writ petitions

whereby the claim of the petitioners for regularization has been

rejected on the