IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2712 of 2003 SHIVNARAIN PRASAD, son of Basudeo Gope, resident of Aulia Chawk, P.S. Kako, P.O. Kako in the district of Jehanabad … Petitioner Versus 1. THE STATE OF BIHAR 2. Director Department of Archeology, Government of Bihar, Patna 3. The Secretary, Department of Archeology … Respondents ----------- 3. 20.7.2009 Heard counsel for the petitioner and the counsel for the State. The prayer in this writ application reads as follows: “ For issuance of a writ of and or in the nature of mandamus commanding and or directing respondent to regularize the services of the petitioner on the post of Chawkidar Class IV employee in the Directorate of Archeology, Bihar; For issuance of a writ of and or in the nature of writ of mandamus commanding and or directing respondent to grant arrears of salary to the petitioner on the post of Chowkidar as Class IV employee on and from the month of November, 2000 till date; For issuance of a writ of and or in the nature of writ of mandamus commanding and or directing respondent to permit the petitioner to sign his attendance in the 2 attendance register in the office.” Mr. Raj Kumar, learned counsel for the petitioner, very fairly would submit that the petitioner has ceased to continue in service from 1.8.2002 and therefore, the prayer for regularization of service of the petitioner cannot be now pressed by him. He would, however, submit that the respondent authorities of Archeology Department having engaged the petitioner and taken work on daily wages for the period 20.11.2000 to 31.1.2002 and in the prescribed pay scale from 1.2.2002 to 31.7.2002 cannot deprive him (petitioner) from payment of salary on the settled principle of payment of wages for the admitted work done. Counsel for the State as usual would plead ignorance either on fact or in law because a period of more than six years elapsed ever since the date of filing of the writ application i.e. 11.3.2003 onwards has not been sufficient either in getting instruction or for filing the counter affidavit. This Court also cannot wait endlessly for the respondents to awake from 3 their slumber and file their counter affidavit. In that view of the matter, the prayer of the counsel for the State for adjourning the case must be and is hereby rejected. In view of the fact that the petitioner has also confined his submissions leading his claim only to payment of salary for the admitted period, this Court would direct respondents no. 2 and 3 to consider the grievance of the petitioner with regard to payment of wages and salary for the period as indicated above. In order to expedite the matter the petitioner is given liberty to file a representation enclosing or annexing the proof of his working, if any, and the respondents thereafter must consider such representation of the petitioner and take a final decision within a period of three months from the date of receipt/ production of a copy of this order. In the event the petitioner is found to have worked either on daily wages or in fixed pay scale in the aforementioned period, the respondents would be duty bound to pay the 4 admissible amount of wages/ salary within one month of the date of such a decision is taken. If however for any reason whatsoever the respondents find the petitioner to be not entitled for payment of wages/ salary for the period indicated above or part thereof, they would be required to record reasons for denial of such wages/ salary. It goes without saying that even if the petitioner’s services stand terminated with effect from 1.8.2002 a general direction given by this Court in the case of Md. Salimuddin vs. State of Bihar & ors. and Sheyam Nandan Prasad Gupta vs. State of Bihar & ors., in C.W.J.C.No. 1268/2003 and 1390/2003 disposed of by the common order dated 25.2.2003 would also apply to the petitioner as with regard to being offered engagement on daily wages in case of exigency and/or need of the respondents. With the aforementioned observations and directions, this application is finally disposed of. (Mihir Kumar Jha,J.) Surendra/ 5