IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14272 of 2009 1. SHASHI SHEKHAR PRASAD S/O LATE RAM BRIKSHA MAHTO R/O NAKHAS MANGAL AKHARA, P.S. MALSALAMI, TOWN AND DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HIGHER EDUCATION DEPTT., GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, VIKASH BHAWAN NEW SECRETARIAT PATNA-1 3. THE DIRECTOR ADMINISTRATION CUM JOINT SECRETARY EDUCATION DEPTT. OF BIHAR, PATNA HAVING HIS OFFICE IN VIKASH BHAWAN, PATNA 4. THE DEPUTY SECRETARY, HIGH EDUCATION DEPTT. (CUM OFFICER-IN-CHARGE, DISSOLVED UNIVERSITY SERVICE COMMISSION) GOVT. OF BIHAR, PATNA ----------- 2/ 10/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. On the own showing of the petitioner, he was appointed on daily wage till retirement on 3.5.1994. Daily wagers hold no post and they continue so long as their services are required is well perceived service jurisprudence and needs no elaboration. His services as the daily wager has then been dispensed with on 31.7.2008 with retrospective effect from 19.4.2007. While this Court finds no error with the impugned order to the extent that it dispenses with the services of a daily wager, this Court does find substance in the limited submission made on behalf of the petitioner that a retrospective order of termination is not sustainable in law for which reliance is placed on AIR 1966 S.C. 951 (R. Jeevaratnam v. State of Madras). But, in the same very judgement the Apex Court has 2 held that if the order is severable and the court can segregate the good part of the order from the bad part of the order without doing violence to the order the court is duty bound to do so. This Court, therefore, holds that the order of termination shall be effective from 19.4.2007 and the petitioner shall be entitled to all his benefits accordingly. The application is allowed to the extent indicated. KC ( Navin Sinha, J.)