IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2148 of 2002 RAMESH PRASAD, son of Late Sukhdeo Thakur, C/p Sharma, resident of village- Chaugawan, P.O. Launcdh, P.S. Sirdala, District- Nawadah. Versus 1.STATE OF BIHAR 2.Director, Health Service, Bihar, Patna. 3.District Magistrate, Nawadah. 4.Civil Surgeon, Nawadah. 5.Additional Director, Health Department, Magadh Division, Gaya. 6.Incharge Medical Officer, Additional Primary, Health Centre, Laund, P .S. Sirdala, Nawadah. 7.Ram Chandra Prasad, son of Bindi Mahto. 8.Nawal Kishore Prasad, son of not known. Both Nos. 7 and 8 are resident of Laund Primary Health Centre, Sirdala, P.S. Sirdala, District- Nawadah. With M.J.C. NO.2564 of 2001 Ramesh Prasad, son of late Sukhdeo Thakur, C/o Sharma, resident of village- Chaugawan, P.O. Laundh, P.S. Sirdala, district Nawadah. Versus 1..The State of Bihar 2.Director, Health Services, Bihar, Patna. 3.District Magistrate, Nawadah. 4.Civil Surgeon, Nawadah. 5.Additional Director, Health Depatment, Magadh Division, Gaya. 6.Incharge Medical Officer, Additional Primary Health Centre, Laund, P.S. Sirdala, Nawadah. 7.Ramchanra Prasad, son of Bindi Mahto. 8.Nawal Kishore Prasad, son of not known. Both Nos. 7 and 8 are resident of Laundh Primary Health Centre, Sirdala, P.S. Sirdaha, district Nawadah. With C.W.J.C. No.5135 of 2001 Ramesh Prasd, son of late Sukhdeo Thakur, resident of C/o Sharma, resident, Village- Chaugawan, Post Office- Laundh, Police Station- Sirdaqla, District- Nawadah. Versus 1.The State of Bihar 2.Director, Health services, Bihar, Patna. 3.District Magistrate, Nawadah. 4.Civil Surgeon, Nawadah. 5.Additional Director, Health Department, Magadh Division, Gaya. 6.Incharge Medical Officer, Additional Primary Health Centre, Laund, P.S. Sirdala, Nawadah. 2 7.Ram Chandra Prasad s/o Bindi Mahto, Health Worker Laund Primary Health Centre, Sirdala, District Nawadah. 8.Nawal Kishore Prasad (Clerk), Laund Primary Health centre, Sirdala, District Nawadah. ----------- 4 29/3/2010 M.J.C. No.2148 of 2002. For the reasons mentioned in this application, the prayer made therein for restoration of M.J.C. No.2564 of 2001 to its original file is hereby allowed. M.J.C. No.2564 of 2001. For the reasons mentioned in this application the prayer for restoration of C.W.J.C. No.5135 of 2001 is allowed. C.W.J.C. No.5135 of 2001. Since this Court had already allowed the connected restoration applications, it has also proceeded to hear the parties relating to prayer of the petitioner in this writ application filed for regularization of his service. The issue of regularization of a person like the petitioner stands settled by the judgment of the Apex Court in the case of ‘Secretary, State of Karnataka Vs. Uma Devi’ reported in 2006 (4) SCC-1. That apart, grievance of the petitioner that he was taken in employment on a fixed stipend of Rs.50/- per month and therefore he would be entitled for regularization, in the first instance cannot be gone into by this Court and therefore all that can be done for the present is to direct that the petitioner’s case for regularization should be considered by the Director in Chief, Health Services, Government of Bihar, who may take his own 3 independent decision in accordance with law and of course by applying the ratio in the case of Uma Devi (Supra). Let it, however, be made clear that this Court has not expressed any opinion on the merits of claim of the petitioner for his regularization. The application is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)