IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1886 of 2010 1. JAWAHAR PRASAD S/O SRI KAMAL CHOUHAN R/O VILL- HATA PADRAUNA, P.O. LAMI CHAUR, DISTT. GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER RURAL DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., GOVT. OF BIHAR, PATNA 4. COLLECTOR SIWAN, DISTT. SIWAN 5. DEPUTY DEVELOPMENT COMMISSIONER SIWAN 6. DISTRICT RURAL DEVELOPMENT PROGRAMME OFFICER THROUGH DEPUTY DEVELOPMENT PROGRAMME OFFICER SIWAN ----------- 2. 05.08.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner claims to be working on daily wages as Roller Driver cum Jeep Driver from 1988 in D.R.D.A. Siwan. He claims the relief for creation of posts, consequent advertisement and selection to be followed by appointment. If the petitioner is still working as of date on daily wage as a Roller Driver and the machine which he professes to operate as a Driver is still operational, that perhaps may be indicative of the need for proper appointment. Continuance of a person for a specified job on daily wage for long is itself evidence of the need for personnel. In so far as the claim for regularisation by a daily wager is concerned, it stands clarified in (2010) 3 SCC 115 that they have no such claim. If the respondents have taken steps for creation of a post as was submitted on behalf of the petitioner let the respondents take the same to its logical conclusion by publishing a proper advertisement and considering all those including the petitioner who may apply in accordance with law. It is expected that while making such appointment the respondent as a matter of policy shall adequately consider the issues of age relaxation, weightage etc. if an applicant otherwise qualifies under the new selection process. Let such appropriate consideration for appointments in accordance with law be done preferably within a period of six months from the date of receipt and/or presentation of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)