S.J. Mukhopadhaya, J. - (1.) IN these cases as almost similar question is involved, they were heard together for disposal.
(2.) THE petitioners were working on daily wage under the State since 1982 -84 and performing duties of class -IV employees. Some of them earlier moved before this court for 'parity of pay' and some of them for regularization of their services. This Court vide order dated 25th September, 1996 in the case of Banwari Choudhary and Anr. v. The State of Bihar and Ors., CWJC No. 3872 of 1995(R), directed the respondents to pay the minimum of the scale of 4th grade employees to the petitioners of the said case. In another case CWJC No. 2811/ 1998(R), Satya Narayan Singh and Ors. v. The State of Bihar and Ors., the Court vide order dated 17th November, 1999 made following observations and directions. "Heard Mr. Dipak Kumar, learned counsel for the petitioners and learned JC to GA. In this writ application the petitioners seek issuance of appropriate direction to the respondents to regularize the services of the petitioners who have been working as chowkidars since 1983/1984. In the counter -affidavit, it is stated, inter alia, that the Superintending Engineer, Building Construction, Hazaribagh has recommended the case of the petitioners to the Deputy Commissioner, vide letter dated 2.7.1999 and their cases are being considered for appointment/ regularization. Having regard to the fair stand taken by the respondents this application is disposed of with direction to the respondents to consider the cases of the petitioners for their appointment/regularization since they have been working for last 18/19 years. Such decision must be taken within a period of three months from the date of receipt of a copy of this order. So far claim of the petitioners for payment of equal pay for equal work; they are directed to file a representation before the respondent No. 4, Superintending Engineer, PWD (Building Construction), Hazaribagh, who shall look into the matter and take a decision having regard to the contention of the petitioners that similar decision has been taken in favour of other daily wages employees."
(3.) IT appears that the Court's order having not complied one MJC No. 398/ 2000 was filed. The Superintending Engineer, Building Circle, Hazaribagh, thereafter, hurriedly took up the matter and regularized the services of the petitioners and Ors. vide order No. 81 dated 10th February, 2001. The petitioner Banwari Choudhary was regularized against a class -IV post at Giridih; the petitioner Satya Narain Singh against a class -IV post at Koderma, etc. The aforesaid order of regularization was not given effect and later on it was cancelled by the Chief Engineer vide letter No. 1554 dated 16th May, 2002. The petitioners were asked to continue on daily wage.;