IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5791 of 2007 UMESH PRASAD, SON OF BAIDYANATH PRASAD KAMKAR, RESIDENT OF VILLAGE DARAULI, P.O. AND P.S. DARAULI, DISTRICT SIWAN. Versus 1. THE STATE OF BIHAR 2. THE INSPECTOR GENERAL OF REGISTRATION (REGISTRAR GENERAL) OF BIHAR. 3. THE DISTRICT REGISTRAR, SIWAN, DISTRICT SIWAN. 4. SUB-REGISTRAR, DARAULI, DISTRICT SIWAN. For the petitioner : M/s Abhay Kumar Thakur, Sanjay Kumar, Advocates. For the State : Mr. Harishankar Roy, AC to AAG-IX. ------------ 03. 21.11.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was engaged on daily wage basis as Fan Puller from 15th March to 15th October each year with effect from 16.03.1981. He has filed this writ petition for a direction to the State Respondents to consider his case for regularization in the light of the instruction of the State Government contained in resolution of the Personnel and Administrative Reforms Department of the State Government dated 16.3.2006, Annexure-7. 3. State respondents have filed counter affidavit on behalf of respondent nos.2 to 4 in which chart has been given as Annexure-A, wherefrom it appears that petitioner was engaged as daily wager with effect from 16.3.1981 until 15.10.1981 and was paid wages therefor. From the 2 chart it also appears that engagement of the petitioner for the same duration continued in subsequent years also until 2004. 4. Counsel for the petitioner, however, states that even now petitioner is serving as Night Guard but from 2006 petitioner was paid wages for 8 months. Presently he is being paid wages for 26 days in a month from all the 12 months in the year. In the light of these pleadings it is submitted that the case of the petitioner is fit to be considered for regularization in the light of the circular dated 16.03.2006, Annexure-7. 5. Counsel for the State has opposed the prayer and states that petitioner was a seasonal contingent labourer engaged for 8 months in a year and cannot be considered for regularization as a daily wage earner in the light of the resolution of the Government dated 16.03.2006. Aforesaid submission is being refuted by the counsel for the petitioner with reference to paragraphs 2(1), 3(i) of the resolution dated 16.03.2006, Annexure-7, which inter alia provide that daily wagers who have served for 240 days in a year preceding the cut off date i.e. 11.12.1990 are entitled for regularization. It is submitted that petitioner is a daily wage worker as he has been continuously engaged from 3 March to October of the year. Learned counsel for the petitioner also relied on the circular of the State Government dated 3.12.1980 and the subsequent circulars dated 26.5.1987, 25.4.1997 clarifying the circular dated 3.12.1980, which inter alia require the Collector of the district to consider the daily wage employee serving in the Collectorate, attached offices or office of any of the line departments within the district for appointment against Class-IV post. 6. Having heard counsel for the parties, I direct the State Respondents to consider the case of the petitioner for regularization in the light of circular letters dated 16.03.2006, 3.12.1980, 26.05.1987 and 25.4.1997 and to forward his name with the initial date of engagement to the District Registrar, Siwan for being considered for appointment against Class-IV post as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the competent authority. 7. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)