IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4263 of 2010 1. ANIL RAJAK S/O LATE SINGHESHWAR RAJAK R/O MOHALLA- NEW COLONY, SAHARSA, WARD NO.6, NEW WARD NO.5, NEAR SARASWATI BAL VIDYALAYA, HOTEL, P.O. AND P.S. SAHARSA, DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY SOCIAL AND WELFARE DEPTT., GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, SOCIAL AND WELFARE DEPTT., I.C.D.S. DIRECTORATE INDIRA BHAWAN, 2ND FLOOR RAMCHARITRA SINGH PATH, PATNA 3. THE DISTRICT MAGISTRATE AT AND P.O. SAHARSA 4. THE DEPUTY COLLECTOR, ESTABLISHMENT SAHARSA AT AND P.O.- SAHARSA 5. THE DEPUTY DIRECTOR, WELFARE KOSHI DIVISION, SAHARSA AND P.O. SAHARSA 6. THE DISTRICT WELFARE OFFICER SAHARSA, AT AND P.O. SAHARSA 7. THE CHILD DEVELOPMENT PROJECT OFFICER SALKHUA BLOCK AND P.O. AND P.S. SALKHUA, DISTT.- SAHARSA ----------- 2/ 01/10/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is admitted to be a daily wager. It needs no further discussion in view of the judgement reported in (2010) 3 SCC 115 ( STATE OF KARNATAKA Versus CHAYA NAYAK AND OTHERS) that he has no claim to be considered for regularization. Any violation of a reservation roster for regularization under Advertisement No.7/97 is hardly relevant in the year-2010. The petitioner is no more in service since 25.5.2007. The question of regularization of one who is not in service does not arise as it is not a mode of appointment. The further grievance of the petitioner is of appointments on daily wage against sanctioned vacant - 2 - posts. The respondents cannot utilize services of daily wagers against sanctioned vacant posts. The presence of a daily wager against a sanctioned vacant post is by itself evidence of the need for regular personnel on such post. This Court therefore expects that the respondent State, as a welfare employer shall abide by its constitutional obligations to make regular appointments on sanctioned vacant posts and shall not resort to daily wage appointments against such posts. If the respondents publish an advertisement and the petitioner applies in response of the same, he is naturally required to be considered in accordance with law. It is expected that while making such appointments the State shall give due consideration on issues of age relaxation and past experience. The application stands disposed. KC ( Navin Sinha, J.)