IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6350 of 2008 1. MD. BISMILLA SON OF LATE MAHMOOD MIAN RESIDENT OF MUSADBIGHA PANI TAKNI, P.S. BARH, DISTRICT PATNA. 2. AJIT KUMAR RAUT SON OF LATE CHHOTE LAL ROUT RESIDENT OF SARDARGANJ(NAWADA), P.S. DALSINGH SARAI, DISTRICT SAMASTIPUR 3. RATAN KUMAR RAUT SON OF SRI LALLAN RAUT, RESIDENT OF VILLAGE AND POLICE STATION GOGARI DISTRICT KHAGARIA. 4. MANGRU MEHTAR SON OF SRI MANIK CHAND RAM RESIDENT OF WARD NO.14 BHABHUA, P.S. BHABHUUA DISTRICT KAIMUR AT BHABHUA. 5. SANTOSH KUMAR THAKUR SON OF SRI SURESH THAKUR RESIDENT OF JAWAHARPUR POLICE STATION UJIYARPUR DISTRICT SAMASTIPUR. 6. SUMAN BHARTI WIFE OF SRI BALKRISHNA YADAV, RESIDENT OF BARAHIGOH, P.S. UDAKISHUNGANJ DISTRICT MADHEPURA. 7. KISHMAT DEVI WIFE OF SRI JAIPRAKASH SINGH RESIDENT OF MAHMADPUR, P.S. GORAUL DISTRICT VAISHALI AT HAJIPUR. 8. SUMITRA DEVI WIFE OF SRI TULLU PASWAN RESIDENT OF WARD NO.10. SUPAUL POLICE STATION AND DISTRICT SUPAUL. 9. NEELAM DEVI WIFE OF SRI DHIRENDRA PASWAN, RESIDENT OF VILLAGE BABHANI, P.S. GAMBHARIA, DISTRICT MADHEPURA. 10. SAEESTA KHATOON WIFE OF MD. ZAHANGIR, RESIDENT OF BAGUSARA, P.S. CHARPOKHARI DISTRICT BHOJPUR AT ARA. 11. RAJRANI DEVI WIFE OF SRI RAM PARVESH PASWAN RESIDENT OF JAIL CHOWK BAJEPUR P.S. AND DISTRICT SAMASTIPUR. 12. MAMTA DEVI WIFE OF SRI SUBHASH SHARMA, RESIDENT OF SHEO NAGAR, P.S. EKANGARSARAI, DISTRICT NALANDA AT BIHARSHARIF. 13. SANDHYA DEVI WIFE OF SRI HARI LAL DUBEY RESIDENT OF PASCHIMPALI, P.S. AND DISTRICT KISHANGANJ. Versus 1. THE STATE OF BIHAR 2. THE INSPECTOR GENERAL, PRISONS, BIHAR, HOME(JAIL) DEPARTMENT, OLD SECRETARIAT, PATNA, DISTRICT PATNA. 3. THE SUPERINTENDENT/SUB JAIL, BARH, DISTRICT PATNA. 4. THE SUPERINTENDENT, SUB JAIL, DALSINGHSARAI, DISTRICT SAMASTIPUR. 5. THE SUPERINTENDENT, DISTRICT JAIL BHABHUA, P.S. BHABHUA, DISTRICT KAIMUR AT BHABHUA. 6. THE SUPERINTENDENT, DISTRICT JAIL KATIHAR, DISTRICT KATIHAR. 7. THE SUPERINTENDENT, DISTRICT JAIL SUPAUL, P.S. SUPAUL DISTRICT SUPAUL. 8. THE SUPERINTENDENT, DISTRICT JAIL SAMASTIPUR, P.S. AND DISTRICT SAMASTIPUR. 9. THE SUPERINTENDENT, DISTRICT JAIL SASARAM P.S. SASARAM, DISTRICT ROHTAS AT SASARAM. 10. THE SUPERINTENDENT, SUB JAIL BUXAR, DISTRICT BUXAR. 11. THE SUPERINTENDENT, SUB JAIL BIRPUR, DISTRICT MADHEPURA. 12. THE SUPERINTENDENT, DISTRICT JAIL NAWADA, DISTRICT NAWADA. 13. THE SUPERINTENDENT, SUB JAIL SHERGHATI, DISTRICT GAYA. 14. THE SUPERINTENDENT, SUB JAIL KISHANGANJ, DISTRICT KISHANGANJ. For the petitioner : Mr. Atul Chandra, Advocate. For the State : Mr. Awadesh Kumar, AC to SC-17 ----------- 03. 27.06.2011 Heard learned counsel for the petitioners and the State. 2 2. Petitioner nos.1 to 4 are serving as Sweeper, petitioner no.5 is serving as Barber and petitioner nos.6 to 13 are serving as Female Jail Warden in different jails of the State of Bihar as per the statement made in paragraph-5 of the writ petition. This writ petition has been filed questioning the direction of the I.G. Prison, Bihar bearing letter no.3009 dated 9.5.2007, whereunder he has asked the Superintendent of all the jails in the State of Bihar not to engage daily wager against the sanctioned post of Female Jail Warden, as such engagement is likely to give rise to legal dispute for regularization of the daily wagers and to engage only Home Guard Workers against the vacant sanctioned post of Female Jail Warden. 3. It is submitted on behalf of the petitioners that in compliance of the aforesaid impugned instruction services of the petitioners as daily wage Sweeper, Barber, Female Jail Warden have been terminated by the Superintendent of different jails in the State of Bihar. It is also submitted on behalf of petitioner no.1 that he has not been paid wages for 46 months preceding termination of his engagement as Sweeper. In the counter affidavit State respondents have not disputed the contention of petitioner no.1 that he has not been paid wages of Sweeper for the preceding 46 months prior to his removal. 4. In view of the statement made in the counter affidavit Superintendent, Sub-Jail, Barh is directed to verify the records and if it is evident from the records that petitioner no.1 has not been paid wages for the preceding 46 months prior to his 3 removal such wages be paid as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Superintendent, Sub-Jail, Barh. It is, however, made clear that if wages are not due to petitioner no.1, the Superintendent shall be obliged to pass order stating that wages are not due to him. 5. So far other claims of petitioners for regularization is concerned, the same be considered by the I.G. Prison, Bihar, Patna in accordance with law as it is submitted on behalf of the petitioners that prior to their removal they served the different jails on daily wage basis for pretty long period and are entitled for regularization in the light of the judgment of the Hon’ble Supreme Court in the case of Secretary, State of Karnatka Versus Uma Devi(3), reported in (2006) 4 Supreme Court Cases 1. Necessary consideration for regularization of the services of the petitioners in the light of this order be made as early as possible, in any case within four months from the date of receipt/production of a copy of this order before the I.G. Prison, Bihar, Patna. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)