IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14494 of 2001 MAHENDRA PRASAD, S/O- LATE BINDESHWAR PRASAD, RESIDENT OF VILLAGE KAUKAHA, P.S.-LAUKAHA, DISTRICT- MADHUBANI AT PRESENT WORKING AS TEMPORARY GAMES MASTER/GAMES TEACHER, MIT MUZAFFARPUR ….. Petitioner Versus 1. STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVERNMENT OF BIHAR, PATNA. 2. JOINT SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, BIHAR, PATNA. 3. DIRECTOR, SCIENCE AND TECHNOLOGY, BIHAR, TECHNOLOGY BUILDING, PATNA. 4. PRINCIPAL, MIT, MUZAFFARPUR 5. RAM VINAY SINGH, PHYSICAL INSTRUCTION APPOINTED IN MIT PO MIT, DISTRICT- MUZAFFARPUR ……….. Respondents For the petitioner :Dr. M.P.Shukla, Advocate, Mr. Pankaj Kumar Pankaj, Advocate For the State : Mr. Prasoon Sinha(G.A.-3) For respondent no. 5 : Mr. Rajeev Kumar Singh, Advocate, Mr. Mritunjay Kumar, Advocate 6 15.10.2008 Heard Learned counsel for the petitioner , learned counsel for the State and learned counsel for the private respondent. On going through the letter of appointment of the petitioner contained in Annexure-3 dated 22.11.1993, it is noticed that the same has been issued under the authority of President, Athletic Club, Muzaffarpur Institute of Technology and not under the authority of the Principal of the Institute. It is the stand of the State that only the Director, Science and Technology Department has authority to make appointment on the post of Games Master/Games teacher. It is further found from correspondences made by the Principal, particularly Annexure-8 dated 29.10.1999 that the petitioner worked only on daily wage basis against the post of Games Teacher since - 2 - January, 1994. Respondent no. 5 was appointed as a Physical Instructor in Indian College of Engineering, Motihari in the year 1986 and under the orders of the competent authority of Science and Technology Department, Government of Bihar, he was transferred to the institute at Muzaffarpur on 30.6.1999. Since then the conflict between the claim of the petitioner for regularization and the claim of respondent no. 5 for permission to join the transferred post continued for a long period. Respondent no. 5 was subsequently transferred to another institute where he was not allowed to join because of bifurcation of the State and the other institutes falling within the jurisdiction of the Jharkhand State. Subsequently, the petitioner was again transferred to the institute at Muzaffarpur by impugned order contained in Annexure-1 dated 12.10.2001 and had joined that post since 27.10.2003. On behalf of the petitioner, it has been submitted that respondent no. 5 did not have the required qualification for the post in question since the qualification was revised by the University Grants Commission in the year 1995. The reply of the respondent is that such revised qualification would not be applicable to existing Physical Instructors and it has further been replied that as a daily wager, petitioner has no legal right to resist the order of transfer and posting passed by the competent authority of the government. - 3 - Going to the root of the matter, this Court finds that petitioner cannot claim any legal right on the basis of having worked on daily wage basis on the post in question for some time. Hence, the writ petition is dismissed. On behalf of the petitioner, it has been submitted that on account of having worked in the institute for several years, the writ petitioner has now become over age and hence it may be difficult for him to apply for similar job under the State authority or the University authority. In this regard, it is observed that if there is vacancy to which the petitioner is otherwise eligible and if he applies, his request for condonation of age may be considered sympathetically and he may be granted relaxation in age for the number of years he worked in the institute on daily wage basis. Pkj (Shiva Kirti Singh,J)