IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2798 of 1997 ====================================================== 1. Ashok Kumar, son of Sri Keshav Sharma, resident of South Tarkeshwar Path, Chiraiyantarh, Police Station-Kankarbagh, District-Patna. 2. Sadasheo Singh, son of Sri Sudarshan Singh, resident of village-Dudhaila Gachhi (Naya Tola), Police Station-Sonepur, District-Saran. .... Petitioners. Versus 1. The State Of Bihar. 2. The Managing Director, Bihar Rajya Jal Parishad (Biswas Board), West Boring Canal Road, Patna. 3. The Secretary, Bihar Rajya Jal Parishad, West Boring Canal Road, Patna. 4. The Executive Engineer, Bihar Rajya Jal Parishad (Biswas Board), Ganga Project Division No.4, Kankarbagh, Patna. 5. The Executive Engineer, Bihar Rajya Jal Parishad (Bishwas Board), Ganga Project Division No.5, Kankarbagh, Patna-20. .... .... Respondents. ====================================================== 7 12.05.2011 No one appears on behalf of the petitioners. From perusal of the records, it transpires that the present writ application for the following relief: “that this is an application for issuance of a writ in the nature of certiorari to quash the order as contained in office order no.8 dated 3.3.1997, which is also contained in memo no.97 dated 3.3.97, (Annexure-13), issued under the signature of the Executive Engineer, Ganga Project Division No.4, whereby and whereunder in supersession and cancellation to order as contained in letter no.1/Ni-3-101/94 dated 21.9.1995 (Annexure), it has been ordered that taking of the work from petitioner no.1 is being stopped and reason is given that two correspondence clerks are already working, and if need be, the order as contained in memo no.245 dated 20.2.1997 (Annexure-11), issued under the signature of the Managing Director of the Bihar Rajya Jal Parishad, whereby and where under enclosing therewith a copy of the resolution bearing no.5940 dated 18.6.1993 a cut off date for regularization of the services of daily wages earners was fixed as 1.8.1985 and it has been further directed that the provisions of that letter should be implemented strictly, if this is sought to be applied to the cases of the petitioners, and for issuance of consequential writ in the nature of mandamus directing and commanding the respondents to regularize the services of the petitioners on the post of correspondence clerks or Assistant/Typist against the respective sanctioned vacant posts or in alternative to any other sanctioned vacant posts which may be deemed just and equitable as per their experience and qualifications under the facts and circumstances of the cases; and /or for issuance of appropriate writ or order or direction as may be found fit and proper for which the petitioners are legally entitled to”. so far as it relates to their grievance for regularization of service is squarely dependent on the outcome of their challenge to the impugned of their termination of service dated 3.3.1997 which reads as follows: dk;Zikyd vfHk;Urk dk dk;kZy;] fcgkj jkT; ty i"kZn] xaxk ifj;kstuk izeaMy la[;k&4] iVuk&20 dk;kZy; vkns'k la[;k & 8 iVuk] 20] fnukad%&3-3-97 lfpo] fcgkj jkT; ty i"kZn] iVuk ds Kkikad 1303 fnukad 22-9-95 ds vkyksd esa Jh v'kksd dqekj dks i=kpkj fyfid ds in ij nSfud JeiqLr ij dk;Z djus dk vkns'k fn;k x;k FkkA bUgsa dk;z dh deh ds dkj.k ,oa izcU/k funs'kd] ffcgkj jkT; ty i"kZn] iVuk ds i=kad 245 fnukad%&20-2-97 ds vkyksd esa rFkk fnukad 25-2-97 ds cSBd esa fu.kz; ds vuqlkj rRdy izHkko ls dk;Z ysuk cUn fd;k tkrk gSaA pwWfd bl izeaMy ea nks fu;fer i=kpkj fyfid dk;Zjr gSaA g0@& (mes'k esgrk) dk;Zikyd vfHk;UrkA Kkikad%& 97 iVuk&20] fnukad%& 3-3-97 izfrfyfi & v/kh{k.k vfHk;Urk] fcgkj jkt; ty i"kZn] xaxk ifj;kstuk vapy la[;k&1] iVuk dks lwpukFkZ ,oa vko';d dkjZokbZ gsrq vxzlkfjrA g0@& (mes'k esgrk) dk;Zikyd vfHk;UrkA As noted above, the order dated 3.3.1997 has been passed by way of disengagement of petitioner, Ashok Kumar due to non-availability of work on the post of correspondence clerk. In that view of the matter when the engagement of the petitioner was on daily wages on muster roll basis and the authority had found it difficult to continue the service of the petitioner, Ashok Kumar due to financial restrictions imposed in the order dated 20.02.1997 as contained in Annexure-11 reading as follows: fcgkj jkT; ty i"kZn] (fo'okl cksMZ) if'peh cksfjax dSuky jksM] iVuk&1 &&&&&&&&&& Kki la[;k & 245 @ iVuk&1] fnukad%&20-2-97 lsok esa] lHkh dk;Zikyd vfHk;ark] fcgkj jkT; ty i"kZn] iVuk 1 layXu fooj.kh ds vuq:i xaxk ,D'ku Iyku Qst&1 ds vUrxZr lwfpr Ldheksa ds ekfyd j[k&j[kko gsrq ffcgkj jkT; ty i"kZn ds izeaMyksa dks jkf'k Lohd`r dh tkrh gSa dk;Zikyd vfHk;arkvksa dks ;g funsZ'k fn;k tkrk gS fd os fdlh Hkh ifjfLFkfr esa bu Ldheksa ds ekfyd j[k&j[kko ij bl lhek ls t;knk o;; ugha djsaA bl lhek ls vf/kd O;; dh ftEeokjh mudh O;fDrxr gksxhA dkfeZd ,oa iz'kklfud lq/kkj foHkkx ds ladYi la[;k&5940 fnukad 18-6-93 dh izfrfyfi layXu gSa bl ifji= ds izko/kkukas dk n`<+rkiwoZd vuqikyu fd;k tk;A bl funs'k dk vuqikyu izfrosnu eq[;ky; dks ,d lIrkg ds vUnj miyc/k djk;k tk;A (,0ch0 izlkn) izcU/k funs'kdA it would be difficult for this Court to direct the respondents to continue on such daily wages engagement of the petitioner. The paucity of work and lack of financial resources can be a very good ground for disengagement of daily wages engagement and merely because the petitioner had continued on daily wages will not vest them with any right for their being regularized in service. The issue relating to regularization in fact has since been answered by the Apex Court in the case of Secretary, State of Karnataka and others Versus Umadevi (3) and others, 2006(4) SCC 1 wherein it has been held that the regularization of daily wages employee can only be considered if such engagement has been made against the sanctioned post after following the prescribed procedure. Admittedly, in the case of the petitioners they were engaged on the post of correspondence clerk and the prescribed procedure of advertisement and selection was not followed and consequentially such illegal appointment would not qualifying for regularization of service. In fact, when the service of petitioner no.1 on account of lack of work and sanctioned post has been terminated, there would be hardly any scope for this Court to consider their prayer for regularization of his service. That being so, this writ application is wholly misconceived and is, accordingly, dismissed. PN (Mihir Kumar Jha, J.)