IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16546 of 2008 BABAN BASFOR @ BABAN RAM, S/O BAGICHA RAM, R/O VILLAGE-BHARAULI, P.S.-SHAHPUR, DISTRICT- BHOJPUR (ARA). …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER, HEALTH DEPARTMENT, BIHAR, PATNA. 2. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BHOJPUR, ARA. 3. THE DISTRICT MAGISTRATE, BHOJPUR, ARA. 4. THE INCHARGE MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, BHARAULI, P.S.- SHAHPUR, ARA. …………RESPONDENTS. ----------- 3 19.08.2011 Petitioner has filed this writ application for a direction to the respondents to regularize his services on class-IV post. As per his case, he was appointed as Sweeper-cum-Night Guard in 1988 and since then he is still continuing in that capacity with the respondents. Since, as per the stand of the petitioner, he appears to have competed 10 years of service as on 10.04.2006, in terms of the Constitution Bench judgment of the Apex Court in the case of Secretary, State of Karnatka Vs. Uma Devi (3) [2006 (2) PLJR (SC) 363], his case is required to be considered in terms of the directions of the Constitution Bench contained in paragraph 44 and within the parameters laid down therein. 2 It appears that petitioner has already filed representations before the respondents in this regard. In the circumstances, the writ application is disposed of with a direction to the Civil Surgeon-cum-Chief Medical Officer to consider the case of the petitioner strictly in terms of paragraph 44 of the Constitution Bench judgment and within the parameters laid down therein for the purposes of regularization or otherwise and to pass appropriate orders in accordance with law positively within a period of two months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)