IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.43 of 2007 PARVEZ QUASIM Versus THE STATE OF BIHAR & ORS ----------- For the applicant : Mr.Lalan Kumar Singh, Advocate For the respondents : Mr. S.K.Ghose, Additional Advocate General-II ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 12th September, 2008 In the cause shown by respondent no.6, the following statements have been made. “8. That it will be relevant to mention herein that the Personnel and Administrative Reforms Deptt. Govt. of Bihar in continuation to the resolution no. 489 dated 10.5.2005 has taken a policy decision regarding absorption/appointment of daily wagers against sanctioned/vacant posts through resolution no.639 dated 16.3.2006 and as such the Committee presided by the Secretary, P.H.E.D. Govt. of Bihar, has been constituted through order bearing no. 142 dated 25.7.2006. 9. That it is submitted that the Finance Department of the Govt. of Bihar had from 1.4.2001 onwards withdrawn the budget provision to the tune of Rs. 6.79 crore of the Public Health Engineering Department in the annual budget in order to enforce the relevant government instructions regarding the appointment of persons in the work charged establishment and on daily wages. As a consequence after detailed exercise the Department had identified between December, 2001 and April, 2002 nearly 2799 persons as having been appointed in the work charged establishment and on daily wagers after the then dates laid down by the Finance Department and the Department of Personnel and Administrative Reforms respectively for making such appointments. These persons had been deemed non-est and - 2 - had been either reverted to daily wagers or not been engaged further. 10. That it is further humbly submitted that this department made repeated and sincere efforts for last few years and as a result during August, 06 2277 technical personnel posts of Class-IV have been sanctioned to this department and as per the policy/directions contained in resolution no.639 dated 16.3.2008 issued by the Department of Personnel and Administrative Reforms, Govt. of Bihar, this department has initiated necessary actions to regularize service of these persons on sanctioned/vacant posts in their respective P.H. Divisions who have been reverted/ terminated but they are engaged or have been engaged continuously for five years ( 240 days each year) prior to 11.12.1990. 11. That it is submitted that those who have been engaged as daily wagers and also the work charge employees of Class-III and IV, who have been reverted to the status of daily wagers or terminated prior to the cut-of- date have been considered for the purpose of benefit of the said decision for regularization on sanctioned/vacant posts of respective Public Health Divisions in consonance with the Govt.’s reservation policy and appointment procedure contained in resolution no.639 dated 16.3.2006 of the Department of Personnel and Administrative Reforms, Govt. of Bihar and the aforesaid directions of this Hon’ble Court. 12. That it is humbly submitted that the petitioner were not fulfilling the eligibility criteria for regularization on sanctioned/vacant posts in P.H.D. Division, Patna East, Patna as per the policy decision and as such their representation for regularization has been rejected by the reasoned order bearing no.37 dated 6.2.2007.” 2. In view thereof, we are satisfied that no further order needs to be passed in this contempt application. It is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil