IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2011 of 2004 1. RAJIV CHANDRA, son of Chandra Mohan Prasad, resident of village Dalhatta Bazar, Raghunandan Bhawan, District Munger 2. Indrajeet Kumar, son of Adhik Lal Mandal, resident of village + P.O. Pilikothi, Mirchaibari, P.S. and District Katihar 3. Gyanendra Narayan Singh, son of Dhurvendra Narayan Singh, resident of village Rajendra Nagar, Durga Asthan, P.S. and District Katihar 4. Abul Hasnat, son of late Md. Jamaluddin, resident of village + P.O. Ajamnagar, P.S. Azamnagar, District Katihar 5. Gopal Prasad, son of late Harinandan Prasad, resident of Mohalla Binodpur, Power House Road, P.S. and District Katihar 6. Ramesh Kumar Paswan, son of Saryug Paswan, resident of Mohalla Laliyahi (Ambedkarpath), P.S. and District Katihar 7. Chandramani Prasad, son of Kapildeo Prasad, resident of village Kundwapar, P.O. Ekangardih, District Nalanda 8. Rohit Kumar Chaudhary, son of Sweti Chaudhary, resident of village Dostnagar Maner, P.O. Shepur, District Patna 9. Chandra Shekhar Azad, son of Vijay Kumar Singh, resident of village Jagarnathpur, P.O. Amdanda, Via Ekchari, District Bhagalpur 10. Prabhakar Kumar, son of Mahant Yadav, resident of village & P.O. Kedli, P.S. Nauhatta, District Saharsa 11. Md. Hasnain Alam, son of Hafijuddin Ahmad, resident of village + P.O. Azamnagar, P.S. Azamnagar, District Katihar 12. Naiyar Alam, son of Md. Zahoor Alam, resident of village Mathurapur, P.O. & P.S. Abadpur, District Katihar 13. Md. Shams Khalid, son of Samsuj Juha, resident at Malapara P.O. Guwaltoli, P.S. Barsoi, District Katihar 14. Md. Shahnewaz Alam, son of late Abdul Aziz, resident of village Chaulhar, (Kalambari), P.O. & P.S. Azamnagar, District Katihar 15. Md. Suber Alam, son of Abul Quasim, resident of village P.O. Azamnagar, P.S. Azamnagar, District Katihar 16. Ashok Kumar Roy, son of Indrajit Roy, resident of village Miapur, P.O. Kumaripur, District Katihar 2 17. Sunil Kumar Roy, son of Jagat Narayan Roy, resident of Kundwapar, P.O. Akangardih, District Nalanda 18. Md. Shahid Alam, son of Habib Asgar, resident of Harlaga, P.O. Teghara, P.S. Azamnagar, District Katihar 19. Ram Ratan Mandal, son of Ram Prasad Mandal, resident of Lodipur, P.O. Bhagalpur Sadar, District Bhagalpur 20. Chotan Chaudhary, son of Jaglal Chaudhary, resident of village Aspura, P.O. Bikram District Patna 21. Arvind Kumar Singh, son of Brahmadeo Prasad Singh, resident of village Karna, P.O. Parbatta, District Khagaria 22. Kamaldeo Yadav, son of Bindeshwari Yadav, resident of village & P.O. Darbara, Via Ghanshyampur, District Darbhanga ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary cum Secretary, Health Department, Govt. of Bihar, Patna 3. The State Leprosy Officer, Bihar, Patna 4. The District Leprosy Officer, Katihar 5. Civil Surgeon, District Katihar 6. District Magistrate, Katihar ... Respondents ----------- 3. 22.11.2010 Heard counsel for the parties. As a matter of fact the prayer made in this writ application for regularization of the service of the petitioners has become infructuous in view of the fact that the services of the petitioners have already been terminated. Once the services of the petitioners have been terminated they will have to first assail the order of their termination and only when such action/ order is found to be illegal that they can pursue 3 their remedy for regularization of their service. At this stage Mr. Najmul Hoda, learned counsel appearing on behalf of the petitioners, would draw attention of this Court to an order dated 16.4.2010 in C.W.J.C.No. 17796/2009 to buttress his submission that a case of exactly similar nature was disposed of by making certain observation and giving liberty to the petitioners of that case to file their representation for consideration of their case for their regularization in service. First of all this Court would find that in the order dated 16.4.2010 in the case of Sanjay Kumar (supra) this Court either was not made aware of or had not taken into account the similar fact which is here, inasmuch as the said order nowhere refers to termination of the services of 63 petitioners of C.W.J.C.No. 17796/2009. In the present case, however, it is an admitted position that the services of all the petitioners have been terminated and therefore, that by itself may not a precedent for directing the respondents to 4 consider regularization of service of the petitioner when they are no longer in service. Mr. Hoda, however, would submit that if others have been given the benefit of their regularization who too alike the petitioners had been terminated from service, the petitioners should not be allowed to suffer. In the opinion of this Court, if the State Government at any point of time would consider to regularize the service of one or other employees engaged in National Leprosy Elimination Programme it will be an under obligation to follow the principles of “last come first go” as laid down by the Apex Court in the case of the Manager, Govt. Branch Press & anor. vs. D.B.Belliappa, reported in AIR 1979 S.C. 429. In I.A.No. 8978/2010 and I.A.No. 8367/2010 Mr. Pushkar Narain Sahi and Mr. Hoda, learned counsel appearing on behalf of some of the persons seeking intervention in this writ petition on a ground they too have similar case alike the writ petitioners have submitted that they would be satisfied if 5 similar observation is made also for the interveners. This Court would not find any difficulty in making aforementioned observation applicable even in the case of the interveners. That being so, this writ application is disposed of with the aforementioned observations. (Mihir Kumar Jha,J.) Surendra/