IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13980 of 2009 1. KEDAR SINGH S/O SADHU SINGH VILL-JAHANGIRPUR, P.O- KARHARI, P.S-KURTHA, DISTT- GAYA (ARWAL) PRESENTLY C/O JAI LAL SAO, MOH-MANIKCHAND TALAB, P.O- ANISHABAD, P.S- GARDANIBAGH, PATNA 2. MUKESH KUMAR S/O RAJ KUAMR SINGH VILL- DAULATPUR, P.O- DAHABIGHA, P.S- HILSA, DISTT- NALANDA, PRESNTLY C/O YOGENDRA SINGH, OLD D.M. KOTHI, BEHIND SITARAM JANKI BHAWAN, MOH- NEW PAHARPUR (POLICE COLONY) P.O- ANISHABAD, P.S- GARDANIBAGH, DISTT- PATNA 3. POONAM KUMARI D/O ALAKH SHARMA VILL-LAHIYARA, P.S- PHULWARI, DISTT- PATNA 4. SANJAY KUAMR S/O CHANDESHWAR PRASAD VILL-KURJICHAK, P.O-MOHMADPUR, VIA KHAGAUL, P.S- PHULWARI DISTT- PATNA 5. ASHA SINHA W/O KUMAR BIRENDRA KISHORE VILL- ------------------, P.O- SHORAMPUR, P.S- PHULWARI, DISTT- PATNA 6. ---------------- KUMARI D/O RAM ANUGRAH LAL BHARTUHAR R/O MD. ASLAM QUARTER, KANKARBAGH, P.S-KANKARBAGH, DISTT- PATNA, PRESENTLY W/O MANOJ KR. SINHA, HOUSE OF MAYA VERMA NANDAN BHAWAN, FIRSWT FLOOR, MOHALLA, DARIYAPUR, BIRLA MANDIR ROAD, P.S- PIRBAHORE, DISTT- PATNA 7. KANCHAN KUMARI D/O BASUDEO THAKUR VILL- CHHOTAKI BADALPURA, KHAGAUL, P.S- KHAGAUL, DISTT- PATNA PRESENTLY C/O NARESH PRASAD SINHA, SOBHA NIWAS, NEAR KEROSENE OIL DEPOT, MOH-HARNI CHAK, P.O- ANISHABAD, P.S- PHULWARI, DISTT- PATNA 8. VISHWANATH RAM S/O BHAGERAN RAM VILL-ADMAPUR, P.O- KHANPUR, VIA- DIGHWAR, DARIYAPUR, P.S- DISHWARA, DISTT- SARAN 9. RAJESH KUMAR YADAV S/O ABHINANDAN PRASAD YADAV VILL-BARHARA, P.O-GOPALPUR, DISTT- KHAGARIA 10. RAJ KUMAR S/O GULABCHAND R/O GAIGHAT, P.O-GULZARBAGH, P.S- ALAMGANJ, DISTT- PATNA, PRESENTLY C/O TYAGIJI COMPOUNDER, HOUSE OF JAILAL SAO , MOH- MANIK CHAND TALAB, P.O- ANISHABAD, P.S-GARDANIBAGH, DISTT- PATNA 11. FIROZ ALAM S/O AHMAD ALAM R/O SABZIBAGH, P.O- BANKIPUR, P.S-PIRBAHORE, DISTT- PATNA, PRESENTLY C/O MD. SHAHID. QR. NO.3, P.C.F.A BLOCK, DHAKTDIH BISTUPUR, P.S- BISTUPUR, DISTT- JAMSHEDPUR (JHARKHAND) Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY THE GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE, BIHAR, PATNA 5. THE DEPUTY SECRETARY (ESTABLISHMENT) DEPARTMENT OF FINANCE, BIHAR, PATNA ----------- 2/ 05/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this writ application by a daily wager is for regularization based on a government scheme allegedly dated 16.3.2006 and the contention that they had worked for more than 240 days prior to the date fixed in the scheme. The law is well settled in (2004) 8 S.C.C. 262 2 (EXECUTIVE ENGINEER-ZP ENGG. DIVN Versus DIGAMBARA RAO AND OTHERS) that completion of 240 days in service is no ground for regularization. The law stands equally well settled in (2006) 2 S.C.C. 702 (M.P. HOUSING BOARD AND ANOTHER Versus MANOJ SHRIVASTAVA) that a daily wager holds no post and cannot seek a claim for regularization as it is not a mode of appointment. Moreover, the petitioners themselves admit that they are no more in service after 31.12.1990. Regularization can be of one who is in service only as it is not a mode of appointment as discussed above. Regularization may be done under a scheme of the Government, but such a scheme shall have to fulfil the mandates of Articles-14 and 16 of the Constitution of India as otherwise the scheme itself may fall foul of the Constitution. The writ application stands dismissed. KC ( Navin Sinha, J.)