LAWS(PAT)-2006-7-38

RAM TAPESHWAR SAH Vs. STATE OF BIHAR

Decided On July 13, 2006
RAM TAPESHWAR SAH Appellant
V/S
THE STATE OF BIHAR AND ORS. ... Respondents

JUDGEMENT

(1.) THIS is a batch of 165 cases, out of which, 160 cases are Writ Petitioner and 5 cases are Letters Patent Appeals, which have arisen out of interlocutory orders passed in some of the aforesaid writ cases.

(2.) SO far LPA Nos. 150 of 2005, 153 of 2005 and 225 of 2005 (Serial Nos. 159, 160 and 161) are concerned, they are barred by law of limitation but interlocutory applications have been filed for condoning the delay and copies thereof have been served upon the other side. LPA Nos. 111 of 2006 and 122 of 2006 (Serial Nos. 162 and 163) are also barred by law of limitation and interlocutory applications for condoning the delay have been filed but copies thereof have not been served upon the learned Counsel for the other side, However, the writ petitions, out of which the said two Letters Patent Appeals have been filed, are pending and are included in the aforesaid batch of writ cases at serial Nos. 149 and 148 respectively and the respondents of these appeals are petitioners in those writ cases.

(3.) IN these matters, the petitioners have challenged the legality and validity of orders of the State of Bihar (Public Health Engineering Department) issued vide various memos dated 13th April, 2002 under the signature of the Commissioner-cum-Secretary of the Department of Public Health Engineering, Government of Bihar directing the petitioners to show cause as to why their appointments in the work charge establishment be not reverted to daily wages with benefits of daily wages with effect from 13.4.2002 as their appointments in the work charge establishment were found illegal and not made according to the resolution of the Finance Department vide memo No. 6394 dated 23.10.1987.