IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5499 of 2007 Jitendra Prasad, SON OF SRI TAPSI BHAGAT, RESIDENT OF VILL- BINDAUL, POLICE STATION- BIHTA, DISTT.- PATNA :--- PETITIONER. Versus 1. The State Of Bihar THROUGH THE SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, SECRETARIAT BUILDING, PATNA. 2. THE SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, SECRETARIAT BUILDING, PATNA. 3. THE SECRETARY, DEPARTMENT OF AGRICULTURE (SPECIAL PROGRAMME), GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA. 4. THE JOINT SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, SECRETARIAT BUILDING, PATNA. 5. THE DIRECTOR OF AGRICULTURE (SPECIAL PROGRAMME), GOVERNMENT OF BIHAR, VIKASH BHAWAN, PATNA 6. THE UNDER SECRETARY, WATER RESOURCE (IRRIGATION) DEPARTMENT, SECRETARIAT BUILDING, PATNA :--- RESPONDENTS. ---------------------------------- 2. 11.11.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner earlier served as a daily-wage Class-IV employee in the Agriculture (Special Programme) Department, presently Command Area Development, Directorate of the Water Resource Department, Bihar, Patna. He was disengaged with effect from 1.1.2002, as is appearing from the office order bearing Memo No. 165 dated 31.3.2005, Annexure-10/A, issued under the signature of Md. Sohail, Under Secretary to the Government in the Water Resource Department. 3. From the counter affidavit it appears that the authorities have themselves volunteered to consider the case of the petitioner for 2 regularization on a Class-IV post, provided he applies in the pro-forma meant for regularization. 4. Having heard counsel for the parties, I direct the petitioner to submit his request for regularization to the competent authority giving details of his engagement as a daily-wager and the authorities shall consider his case for regularization taking into account services rendered by him as a daily-wager. It goes without saying that if petitioner has become overage, the authorities shall consider the request of the petitioner for relaxing the upper age limit for appointment. Appropriate order in this regard be passed by the authorities, as early as possible, in any case within a period of two months from the date of receipt of the request of the petitioner for regularization in the pro-forma meant for the same. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)