IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5985 of 2010 1. Naresh Gope S/O Shri Ram Lal Gope R/O Vill Bihari, P.S.Jamui, Distt-Jamui Versus 1. The State Of Bihar Through The Principal Secretary, Land Reforms And Revenue Department Govt. Of Bihar, Old Secretariat, Patna 2. The District Magistrate -Cum-Collector Jamui 3. The Additional District Magistrate Nazarat, Distt-Jamui 4. The Deputy Development Commissioner Jamui 5. Rajesh Rawat S/O Not Known R/O Vill Khaira, P.S.Khaira, Distt- Jamui ----------- 3. 09.09.2011 Heard learned counsel for the petitioner and the State. Mr. Banerjee for the petitioner submits that the petitioner has been working since 1984 on daily wage as a Driver which is more than sufficient indication of the need for regular personnel. The respondents cannot evade that responsibility by continuing an Ad hoc arrangement when the petitioner does not have much of a choice in the matter. A daily wage appointment is an Ad hoc or a stop gap arrangement in the exigency of the work. It is an exception to the normal Rule of sanctioning posts and making appointment especially where the need be there. The exception cannot be turned into the Rule. If what the petitioner contends is correct, long continuance of a person on daily wage in a Government establishment itself amounts to violation of the constitutional obligations. The appointment is the 2 discretion of the employer and no mandamus can be issued for that purpose. But a subterfuge by not making regular appointment and utilizing the service of daily wage person evading responsibility and liability which fall with regard to a regular appointee as distinct from daily wager is not permissible in law. It is submitted that regular sanctioned posts are lying vacant. If the respondents propose to do so let them advertise the same and fill it up in accordance with law within a maximum period of six months from the date of receipt/production of a copy of this order. In no circumstances can the respondents evade such appointment by utilizing daily wagers against such posts. If the petitioner applies in response to the same, let his application be considered appropriately on its own merits. However, it is expected that issues of age relaxation and weightage for past work experience shall be appropriately considered by the respondents as a matter of policy, since they themselves also ultimately stand to gain by utilizing the experienced services of the petitioner. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)