IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5087 of 1997 MOHAMMAD HABIB, son of Sri Nagina Miyan, resident of Village – Nawanagar, P.S. Sahebganj, P.O. Kurnowl, District - Muzaffarpur at present working as Driver of B.R.C. Govt. Jeep No. 1669 in the office of Circle Officer, Sahebganj, District – Muzaffarpur. Versus 1. THE STATE OF BIHAR. 2. The Collector, Muzaffarpur. 3. The Circle Officer, Sahebganj, District – Muzaffarpur. With CWJC No.2561 of 2005 1. RAM HILASH RAI, son of Sri Shavit Rai, resident of village -+ post office – Muraul, P S – Sakara, District – Muzaffarpur. 2. Kailash Prasad Yadav son of late Jai Narayan Prasad Yadav, resident of village – Nanika Bishunpur Chand, P.S. Mushari, Distt. – Muzaffarpur. 3. Md. Salamuddin son of Md. Suleman, resident of village – Pratap Patee Sahebganj Kaisheb Chack, P.O. Karnol, Distt. Muzaffarpur. 4. Parmeshwar Rajak son of Ram Saurop Rajak, resident of village – New Colony, Nagirpur Balu Ghat, Disttt. Muzaffarpur. 5. Arun Kumar Singh, son of Uma Shankar Prasad Singh, resident of village - - Paknana, post – Kantee, District-Muzaffarpur. 6. Siya Ram Lakhan Mantoo son of late Rameshwar Mantoo, resident of village – Sakaruara Nur, Post – Jarang Dehari, District – Muzaffarpur. 7. Ram Sagar Mahtoo son of Shri Laxmi Mahtoo, resident of Village – Bogechi, Post Barutha, District – Muzaffarpur. 8. Sambhu Paswan son of Sri Dev Nandan Paswan resident of village –Satpura, Post – Ramna, District – Muzaffarpur. 9. Baban Singh son of late Durga Singh, resident of village – Damuchak, P.S. Kazi Mohamadepur, Dist. Muzaffarpur. 10. Rajesh Kumar Rajak, son of Sri Ram Sauroop Rajak, resident of village – New Colony Nagipur Balughat, District – Muzaffarpur. 11. Shiv Chandra Ram son of Kishun Ram, resident of village + P.O. Karanpur Bochah, Distt. Muzaffarpur. 12. Raju Paswan son of late ram Shebak Ram, resident of village – Ganeepur, Post - Ramna, District-Muzaffarpur. 13. Dilip Rai son of Sri Mahendra Rai, resident of village + P.O. Kanti, Distt. Muzaffarpur. 14. Sita Ram Mandal son of Tulshi Ram Mandal, resident of village – Vanarash bank Chowk, New Market Road, Dist. Muzaffarpur. 15. Ganesh Kumar Yadav, son of Kailash Prasad Yadav, resident of village Mushari Post – Mushari Faram, Dist. Muzaffarpur. 16. Suresh Rai son of Ram Vilash Rai, resident of village + P.O. Murauli, P S – Sakara, District – Muzaffarpur. 2 17. Akheleshwar Prasad Sah, son of late Parichan Sah, resident of village +P.O . Keshar Gawa, P.S. Kudhani, District – Muzaffarpur. 18. Mukesh Kumar son of Kishori Mahtoo, resident of village Near Sent Varig School, Rasalpur, Distt. Muzaffarpur. 19. Dayanand Singh son of late Maheshwar Prasad Singh, resident of village –P.O. Kishunpur Madhuban, Distt. Muzaffarpur. 20. Ranjit Kumar son of Sri Kapildeo Sah, resident of village – Rashalpur, P.O. Bikhanpur, District – Muzaffarpur. 21. Md. Makubel son of Md. Yasin, resident of village – Mohamadpur, Post – Marwan, Distt. Muzaffarpur. 22. Vishun Ram son of late Jagdeo Ram, resident of village – Post – Kantee, Distt. Muzaffarpur. 23. Mahesh Kumar Yadav, son of Jai Mangal Prasad Yadav, resident of village – Raghwarpur, Post – Dholi, District – Muzaffarpur. 24. Ram Prasad son of Nanki Mahtoo, resident of village – karma, P.O. Turki, Dist. Muzaffarpur. 25. Md. Lal Babu son of late Md. Gulam Peer, Resident of village – Bhagwanpur Boocgha, Post – Bocgha, District – Muzaffarpur. 26. Sudhir Kumar Nath @ Geri son of Jagdish Nath, resident of village – Makhdumpur, post – Chamrua, Dist. Muzaffarpur. 27. Ravindra Rai, son of Rameshwar Rai, resident of village + P.O. Musharee, District – Muzaffarpur. 28. Chota Lal Mahtoo son of Sri Manoj Mahtoo, resident of village – Budholi, Post – Dharbhara, District - Muzaffarpur. Versus 1. THE STATE OF BIHAR 2. The Chief Secretary, Govt. of Bihar, Patna. 3. The Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. 4. The Additional Secretary, Personnel and Administrative Department, Govt. of Bihar, Patna. 5. The District Magistrate/Collector, Muzaffarpur. 6. The Deputy Collector Establishment, Muzaffarpur. ----------- For the petitioners: M/s. Suraj Narayan Yadav, Upendra Kumar Chaubey (In CWJC No.5087/97), Yogesh Chandra Verma, Sr. Advocate and Rajini Kant Singh (In CWJC No.2561/2005). For the State : Mr. Sanjay Kumar No.1, GP 14 (In CWJC No.5087/97) and Mr. H S Roy, AC to AAG 2 (In CWJC No. 2561 of 2005). -------- 07. 5.8.2010 Both the writ applications can be heard and disposed of together because all the petitioners are supposed to be working on daily wages for many a years, if not a decade and a half. The post on which their engagement was made and they are working as such is the 3 post of driver. From the pleadings and evidence on record it is evident that some steps were taken for filling up the post on regularly basis. That was way back on 10.11.1997 but unfortunately for the petitioners or for such similarly situated candidates the advertisement came to be stayed vide order dated 1.7.1998. One of the primary reason thereof was that there was a complete ban by the State on appointment. Facts and law have undergone a change since then. Taking cue from the Constitution Bench decision rendered by the Hon`ble Supreme Court in the case of Uma Devi , the State of Bihar has now formulated a policy in the year 2005 and the process of regularization for persons working as such has been defined. Some indulgence has also been shown by the State by extending cut off date which confers benefits to large number of employees who have worked as such till 11.12.1990. The earlier cut off date was extended from 1985 to 11.12.1990 as it kept many a persons out of the purview. In the above circumstances, both the writ applications are disposed of now with a direction upon the District Magistrate that he may take steps now to fill up the post, if available, on the basis of the policy decision of the Government taking into consideration all those eligible candidates including the present petitioners, who are working for a long period of time beginning 1987. Since the fate of these petitioners is hanging in balance for a long time and some of those reasons are not attributable to them, authorities would be well advised to expedite the process so that the 4 matter comes to rest. Both the writ applications stand disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J.)