IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5794 of 2010 SANTOSH KUMAR THAKUR son of Sri Madan Mohan Thakur, resident of village Raghubir Chak, Ram patti, P.S. Raj Nagar, Dist-Madhubani. Versus 1. THE STATE OF BIHAR through Home Secretary, Government of Bihar Patna. 2. The Inspector General of Prison Government of Bihar Patna Office at New Secretariat baily Road, Patna. 3. The Director Administration of Jail Home (Jail) Department Government of Bihar Patna. 4. The Superintendent of Jail Adarash Central jail Beur Patna. ----------- 2 01.12.2010 It is a case of the petitioner that he was appointed as Driver in the Model Central Jail, Beur, Patna, on daily wages in the month of December, 2004 and since then he is discharging his duties Learned counsel for the petitioner places before this Court an order passed by a Division Bench in LPA No. 350 of 2006, annexed as Annexure-2, wherein the Division Bench has directed the respondents to consider making regular appointment on the post of driver if they intend to keep the vehicles of the Central Jail moving. Learned counsel for the petitioner submits that the case of the petitioner may also be considered while making a regular 2 appointment on the post of driver. Obviously, for this purpose no direction is required from this Court. If the respondents take up steps for regular appointment on the post of driver, petitioner will be at liberty to apply for the same and if he is selected he can be appointed on the regular basis. This is his constitutional right and for this no direction is required from this Court. It is within the domain of the respondents while considering his case to consider relaxation of age of the petitioner in view of the fact that he is working with them since last more than five years. This writ application is disposed of with the aforesaid observations. Prakash (J.N.Singh, J.)