IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4798 of 2007 Nandeshwar Prasad, S/O of Late Devan Prasad, resident of Village:- Chakjalal, P.O.- Khjajurar, P.S. Bhadaur, District Patna … … Petitioner Versus 1. The State Of Bihar through Commissioner-cum- Secretary, Water Resources Department, Govt. of Bihar, Patna 2. Special Secretary, Water Resources Department, Govt. of Bihar, Patna 3. Engineer-in-Chief (Central), Water Resources Department, Bihar, Patna 4. Chief Engineer, Water Resources Department (Irrigation) Department, Bihar, Patna 5. Executive Engineer, Punpun Flood Protection Division, Patna … Respondents ---------------------------------- For the Petitioner :Mr. Shambhu Sharan Singh, Advocate For the State :Mr. Dhirendra Kumar, A.C. to AAG-14 02/ 17.10.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is serving as Assistant Caretaker in the Kosi Rest House, Patna on daily wage basis with effect from 1.5.1979. 3. It is submitted on his behalf that he is being paid the wages of Class IV employees, but is actually discharging the duties of Caretaker, which is a Class III post. In support of such fact, counsel for the petitioner has referred to the letter of the Chief Engineer, 2 bearing Memo No. 183 dated 16.3.1983, Annexure-A in which designation of the petitioner has been mentioned as Caretaker of the Kosi Rest House, Patna. 4. Counsel for the State has opposed the prayer and states that petitioner is being paid the wages of Class IV employees, as he was engaged to discharge the duties of Class IV post. The Chief Engineer under letter dated 16.3.1983 casually described the petitioner as Caretaker. Such description will not vest the petitioner with any right to hold and receive salary of Class III post. 5. I see substance in the submission and, accordingly, direct the State- respondents to consider the case of the petitioner for regularization as Class IV employee as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Principal Secretary of the Department taking into account the fact that petitioner is discharging the duties of Assistant 3 Caretaker with effect from 1.5.1979. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)