IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3259 of 2004 RAM PRAVESH PRASAD, son of late Sri Ram Ashray Prasad, resident of village Kaushik Nagar (Kauriya Bigha) P.S. and P.O. Hilsa, District Nalanda ... Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Higher Education Department, Govt. of Bihar, Patna 3. The Vice Chancellor, Magadh University, Bodh Gaya, Gaya 4. The Principal, S.U.College, Hilsa, Nalanda 5. The Registrar, Magadh University, Bodh Gaya, Gaya 6. The Deputy Registrar, Magadh University, Bodh Gaya ... Respondents ----------- 4. 8.11.2010 Having heard counsel for the petitioner and the counsel for Magadh University and in absence of the counsel for the State, this Court so far it relates to the following prayer made in this writ application: “This writ petition is being filed for quashing the order dated 3.9.2001 contained in Annexure „8‟ passed by respondent no.2 as far as it adversely affects the petitioner and further for a direction to the respondents concerned to regularize the services of the petitioner and to pay the dues salary/ wages.” and having been apprised that the same impugned order was earlier made subject matter of another writ petition, C.W.J.C.No. 13576/2003, which was disposed of on 2 22.6.2005, after setting aside the impugned order as against the petitioners of that case would adopt the same recourse for the reasons mentioned in the order dated 22.6.2005 in C.W.J.C.No. 13576/2003. Consequently this writ application is allowed and the impugned order dated 3.9.2001 so far it relates to the petitioner is hereby quashed and the matter is remitted back to the Principal Secretary cum Commissioner of the Human Resources Development Department who would take his fresh decision by taking into account that pursuant to the order dated 22.6.2005 in C.W.J.C.No. 13576/2003 the then Commissioner cum Secretary of the Human Resources Development Department vide Memo No. 666 dated 21.4.2007 has already passed an order for regularization of service of Smt. Sunaina Devi and Surendra Prasad whose cases were also earlier rejected by the same impugned order. It will be also open for the petitioner to point out that his case stands on a better footing, inasmuch as there was no sanctioned post available for Sunaina 3 Devi and Surendra Prasad whereas the petitioner though engaged on daily wages was actually working against the sanctioned post of Night-guard. That being so, this application is disposed of with a direction to the Principal Secretary of the Human Resources Development Department to take an appropriate decision also in the case of the petitioner. In order to expedite the matter this Court would give liberty to the petitioner to file a self contained representation wherein he may enclose all the connected documents in support of his claim alongwith a copy of this order and a final decision thereafter must be taken by the said authority within a period of six months of filing of such representation by the petitioner. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/