IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10987 of 2010 1. Janardan Choudhary S/O Sri Amarnath Choudhary R/O Vill.- Birna Lakhan Sen, P.S.- Mahua, Distt.- Vaishali Versus 1. The State Of Bihar Through The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna 2. The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna 3. The Chief Engineer, Water Resources Department (Irrigation), Patna 4. The Executive Engineer, Waterways Division, Ekangar Sarai, Distt.- Nalanda ----------- 2. 14.11.2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to be a driver in the work charged establishment continuously since 16.2.1989. His contention is that their exist vacancy also but the respondents are not considering him for regularization depriving him of service benefits which would otherwise be available as a regular employee. Counter affidavit has been filed by the respondents. It does not deny that he is working in the work charged establishment since 16.2.1989. It seeks to rely on Secretary, State of Karnataka Vs. Uma Devi (2006) 4 SCC 1 and Pinaki Chatterjee & Ors. Vs. Union of India & Ors (2009)5 SCC 193. The Court finds that the counter affidavit is silent with regard to the judgments of this Court challenged unsuccessfully before the Supreme Court also by the Division Bench on the question of 2 regularization of work charged employee under certain circulars statutory in nature of 1949/1950. Rather than to keep the writ petition pending the issue of the regularization of the petitioner from his status as work charged is remanded to the respondents for an appropriate decision in light of the judgment of this Court reported in 2007 (1) PLJR 358 as affirmed in S.L.P. (Civil) No. 17879 of 2007 and C.W.J.C. No. 16060 of 2004 affirmed in S.L.P. (Civil) No. 18380 of 2008. Let such consideration be done and a reasoned and speaking order discussing all aspects of the matter and Court orders be passed within a maximum period of six months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)