IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1279 of 2009 The Bihar State Housing Board & ors. Versus Ramnath Roy & Ors ----------- For the appellants : Mr. R. K. Priyadarshi, Advocate For the respondents. : Sri Rajendra Pd. Singh, Sr. Advocate Mr. Onkar Kumar, Advocate Mr. Rakesh Kr. Singh, Advocate. --------------------- 26. 1.8.2011 The present Letters Patent Appeal has been filed against the order dated 18.3.2009 passed by the learned single Judge in C.W.J.C. no.7473 of 2002 whereby grievances of the respondents-petitioners have been redressed for regularization in the appellants-Board in view of the judgment of the Apex Court in S.L.P. No.11538/1988, Civil Appeal no.766 of 1991 dated 13.2.1991 where categorically a direction was issued by the Apex Court to regularise the services of the petitioners in the said Board. Accordingly, it is submitted by the learned counsel for the appellants-Board that as against 111 sanctioned posts, names of 101 petitioners, as given in the S.L.P., have been recommended for regularization of their services. According to them, there remains still vacancy of 10 posts and names of 10 persons as per their seniority list have been selected for recommendation with regard to regularization of their services. The said fact was disputed by the respondents- petitioners by filing a writ petition on the ground that juniors to them were regularised and their case was left unattended. Learned counsel appearing on behalf of the respondents- 2 petitioners submitted that there are 240 vacancies and most of them have been regularised. In that view of the matter, we are of the view that there should have some vacancies which arise out of retirement of some Chowkidars or any other vacancies in the list of 101 posts. Under the above circumstances, we modify the order of the learned single Judge to the extent that services of the respondents-petitioners will be regularised who are parties before the Apex Court in the vacant posts available as well as in any vacancy that arise in view of retirement as against 110 posts. With the aforesaid modification the Letters Patent Appeal stands disposed of. Sudip ( T. Meena Kumari, J.) ( Vikash Jain, J. )