Letters Patent Appeal No.1238 OF 2001 **************** Against the Judgment and Order dated 30th of August, 2001 passed in C.W.J.C. No.11162 of 2001. -------------- KRITYA NAND SINGH------------------------------------(Appellant) Versus THE STATE OF BIHAR & ORS------------------------(Respondents) For the Appellant: Mr. Shyam Prasad Mukharji-----Sr. Advocate. Mr. Shanti Pratap ------ Advocate For the Respondent: Mr. S.B. Kumar,------------------------ S.C.-16. P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE C.M.PRASAD Barin Ghosh & C.M. Prasad, JJ. On 16th of February, 1983 the Chief Engineer, Irrigation, Muzaffarpur was authorized to engage the appellant, if required, on Muster roll for three months. On 6th February, 1985 the appellant was engaged for one month. The engagement being on Muster roll, the same was nothing but a daily wage engagement. According to the appellant, as contended in writ petition, registered as C.W.J.C. No.11162 of 2001, filed sometime in 2001, he continued to remain engaged as such, but was paid remuneration only up to 25th of July, 1985. In the writ 2 petition, he sought for remuneration not paid to him since 26th July, 1985 and also his regularization which according to the appellant was also recommended against a vacant post by the Chief Engineer concerned. That the appellant remained engaged as a daily wager on any date subsequent to 25th July, 1985 was not established. In stead, the appellant in the writ petition relied upon a decree passed by a Civil Court, which suggested discharge of the appellant. The evidence, therefore, brought on record by the appellant suggests acceptance by the appellant of his non-continuance as a daily wager. However, the declaration by the Civil Court that dis-engagement of the appellant was illegal has been interfered with in appeal and the decree stands set aside. In the circumstances, there was nothing to be done in the writ petition and accordingly, as we find, the learned Judge rightly dismissed the same by the Judgment and Order under appeal. The appeal fails and the same is dismissed. Patna High Court, 27th August, 2008. Mkr./N.A.F.R. (Barin Ghosh, J.) (C.M. Prasad, J.)