IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.652 of 2007 THE STATE OF BIHAR & ORS Versus KAILASH PRASAD SINGH ----------- For the Appellant : Mr. Amarnath Deo, Standing Counsel No. X For the Respondent : Mr. Mathura Nath Roy, Advocate ----- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 22nd July, 2008. We heard the government counsel and perused the impugned order. 2. The counsel submits that since there was no sanctioned post against which the respondent was working and, therefore, he could not be given the time scale as has been ordered by the Single Judge. 3. To our pointed query, the counsel did not dispute that the respondent continuously worked for twenty two years as Road Roller Khalasi. 4. We are afraid, the government, in a welfare state, cannot be permitted to exploit an employee like this and then refuse to grant him minimum time scale. 5. The Single Judge considered the matter thus: “The fact that the petitioner is working as Road Roller Khalasi since 1983 is admitted one. Further it - 2 - appears that the petitioner is working continuously as Road Roller Khalasi since last 22 years. Keeping in view the period of engagement of petitioner on daily wages as Road Roller, khalasi, in my opinion, he should have been considered for regularisation and in case no sanctioned vacant post was available, then he could have been considered for payment of minimum time scale for the post of Road Roller Khalasi. Considering the facts and circumstances of the case, respondent authorities are directed to consider the case of the petitioner for payment of minimum time scale if not already given to the petitioner, forthwith and not later than a period of six weeks from the date of receipt/production of a copy of this order.” 6. We find no justifiable reason to take a different view from that of the Single Judge. 7. L.P.A. is dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/