IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18503 of 2009 1. KRISHNA KUMAR MISHRA S/O SHRI PRAMOD NARAYAN MISHRA R/O VILL.- SONARI MANDIR, PETHIYAPUR, P.O. & P.S.- DANAPUR, DISTT.- PATNA 2. AKHILESH KUMAR S/O SHRI BISHESHWAR PRASAD R/O VILL.- GIGHIKALA, NEAR RAILWAY CROSSING NO.- 54/AC, WEST, P.O. & P.S.- HAJIPUR, DISTT.- VAISHALI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. COMMISSIONER-CUM-SECRETARY HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE BIHAR SCHOOL EXAMINATION BOARD, PATNA THROUGH IT'S CHAIRMAN 4. THE CHAIRMAN, BIHAR SCHOOL EXAMINATION BOARD, PATNA 5. THE SECRETARY, BIHAR SCHOOL EXAMINATION BOARD, PATNA ----------- For the petitioners : M/S Ashok Kumar Chaudhary & Ram Kumar Singh, Advocates. For the State : Mr. Sunil Kumar Mandal, S.C.-15. Dr. Abdus Shakoor, A.C. to S.C.-15. For the Board : Mr. S.Arshad Alam, Advocate. ===== 4. 28.01.2010. Heard learned counsel for the petitioners, State and the counsel for the Bihar School Examination Board, Patna (hereinafter referred to as the “Board”). 2. Petitioners were initially engaged as Class-III employees in the Board. They served the Board intermittently until the year 2000. This writ application has been filed praying, inter alia, to direct the Board to consider the case of the petitioners for regularization against Class-III/IV post as and when any appointment is made on those posts giving the petitioners age relaxation as also the benefit of the engagement rendered earlier. 3. Counsel for the Board has opposed the aforesaid prayer as according to him petitioners having been retrenched in the year 2000 have crossed the minimum age of appointment and could not be considered for regularization as their initial engagement itself was contrary to the rules. 4. Having heard the counsel for the parties and having perused the report dated 12.09.2006 submitted before the Assurance Committee of - 2 - the Bihar Legislative Assembly, as contained in Annexure-5, I dispose of this writ application directing the Board to consider the case of the petitioners for regularization/appointment on Class-III/IV post in the Board as and when any appointment on those posts are made after giving them the benefit of age relaxation and the experience earned by them provided such relaxation is permissible in terms of the appointment rules of the Board. From the writ petition and the supplementary affidavit, it appears that arrears of wages for the period December, 1998 to September, 2000 is due to the petitioners, which fact be examined by the authorities of the Board and if it is true that the petitioners served the Board during the said period but were not paid the wages, same be paid to them as early as possible, in any case within a period of one month from the date of receipt of the representation along with a copy of this order. In case, petitioners are not entitled for arrears of wages for the aforesaid period, the Secretary of the Board should pass a reasoned order within the same time. P.K.P. (V.N.Sinha,J.)