IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10535 of 1996 Shivbrat Prasad Singh, S/O Bishwanath Prasad Singh, resident of Village & P.O. Barail, District- Saharsa. -------Petitioner. -Versus- 1. The State of Bihar. 2. Director, Revenue Administration, Department of Water Resources, Government of Bihar, Patna. 3. Special Officer-cum-Deputy Secretary, Water Resources Department, Bihar, Patna. 4. Deputy Collector, Revenue Division, Koshi Project, Araria. 5. Deputy Collector, Revenue Division, Koshi project, Purnea. ----------- 4. 11.11.2008. The petitioner was working as a Seasonal Muharir in the old Revenue Division of Purnea district since 23.3.1979. The Government by a decision dated 2.5.1992 issued through a Memo No.1758 decided to regularize the persons working as Seasonal workers such as Paribharmak, Collector Peons, Amins, Muharir and Inspectors. Accordingly, seven persons mentioned in paragraph no. 2 the counter affidavit were regularized. One of the criterias for regularization to the various posts was that the performance of persons working on the Seasonal basis should be above 50% for being considered for appointment on permanent basis. The petitioner, however, could not be regularized. The reason being that there was no vacancy against the said post of Muharir. In the reply to the counter affidavit, the petitioner has stated that 10 vacancies have occurred since 10.11.1994 onwards, and as such, the petitioner is now legible to be considered for appointment as the Muharir on regular basis. The Selection Committee held its meeting on 21.1.1994 and - 2 - at that time it is admitted by the petitioner that there were only seven vacant posts. Subsequent vacancy pointed out by the petitioner occurred due to retirement or death of the regular employees. Learned Counsel appearing on behalf of the petitioner submits that in fact appointments are being made of persons who were earlier working on Seasonal basis even subsequent to January, 1994. In the circumstances, the petitioner may bring the facts stated aforesaid to the notice of the Director, Revenue Administration, Department of Water Resources, Government of Bihar, Patna/the Principal Secretary, Department of Water Resources, Government of Bihar, Patna, by producing a copy of this order and file a representation stating the facts made out in the writ application within a period of one month on receipt/production of copy of this order. The Director will pass orders absorbing the petitioner if others similarly situated have been appointed after January, 1994. This writ application is disposed of with the aforesaid direction. U.K. (Sheema Ali Khan,J)