IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12230 of 2007 SURENDRA PRASAD @ SURENDRA THAKUR ALIAS SURENDRA PRASAD THAKUR-------------------------------------PETITIONER Versus THE STATE OF BIHAR & ORS . ----------- 2 9.3.2011 Reg:- I.A. No.7252 of 2010 Heard counsel for the petitioner and the counsel appearing for the State. The writ application has been filed by the petitioner for a direction to the respondents to regularize the service of the petitioner in Class IV post and for giving consequential benefits fixing his seniority on the date of his joining as Class IV post as daily wage worker. Petitioner’s case is that being selected in July, 1994 till now he has worked in different capacity at different places and at the time of filing of the writ application, he had already worked for more than 2660 days. The qualification of the petitioner is Graduate and he belongs to extremely backward class. The panel of daily wagers prepared as per their seniority in the year 2006, indicated that petitioner is placed at serial no. 103. This fact has also been admitted in the counter affidavit filed by the respondent along with which the panel prepared according to seniority of the daily wager has been 2 annexed as Annexure-A, in which the petitioner is at serial No. 103. Petitioner’s case is that despite the fact that several sanctioned vacant posts are lying vacant, the respondent authorities are not regularizing the daily wagers. Regularization is being done without following the order of seniority, on the basis of pick and choose method. In the counter affidavit at Para 11 it has been stated that seniority list of daily wages worker was prepared on 26.9.2006 which was subsequently modified on 14.6.2007. 66 candidates out of that list has been regularized against 66 vacant posts. As per this counter affidavit, number of vacancies in the year 2007 was only 66 and only candidates listed in the panel up to 66 serial numbers were regularized. I.A. No. 7252 of 2010 has been filed by the petitioner in order to bring the subsequent development, on the record of the case. Along with the interlocutory application, the petitioner has annexed the list of vacancies available in the district of Buxar in different departments and the position of the vacancies as per the reservation roaster available in different categories and also the panel prepared by 3 the District Selection Committee on 9.4.2010 considering the position of vacancy and roaster position for adjustment of candidates as per their seniority against such vacancies. The number of vacancies available for the candidates belonging to extremely backward category is nine. In the seniority panel petitioner’s position is seventh. Counsel for the petitioner submits that as per panel prepared by the District Selection Committee cases of others, who are there in the panel in the extremely backward category is being considered or have already been considered. So far petitioner is concerned, an order in this regard has not been passed, for the reason that his writ application is pending before this Court. The materials brought on record by way of interlocutory application and the documents annexed with the interlocutory application, shows entitlement of petitioner for absorption against the 7th available vacancy in extremely backward category. The respondents are directed to pass necessary orders for absorption of the petitioner against vacancy shown in the seniority panel, approved by the Selection Committee on 9.4.2010. It is directed that the 4 petitioner should be absorbed against the vacancy available in this panel before expiry of the life of the panel which presumably is going to expire on 16.7.2011. The Interlocutory application as well as the writ application is allowed. The respondents are directed to regularize the service of the petitioner in Class IV post with all consequential benefits within four weeks from the date of presentation/communication of this order. A. Kumar ( Mridula Mishra, J.)