IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7144 of 2009 1. Nand Lal Prasad s/o Shri Lakhan Prasad, resident of village Punawan, P.S. Wazirganj, District – Gaya at present working as Jeep Driver in the office of the Tilaiya Canal Division, Waziarganj in the District – Gaya 2. Umesh Prasad Singh, s/o late Kamta Singh, r/o village – Kalhana, P.S. Wazirganj, District – Gaya at present working as Chaukidar in the office of the Tilaiya Canal Division, Wazirganj, Gaya 3. Shashi Kumar s/o late Shri Kant Prasad Singh, r/o village – Chakslemn, P.S. Sahpur Patori, District – Samastipur at present working as unskilled labour in the office of the Tilaiya Canal Division, Gaya 4. Chandeshwar Paswan s/o late Sukan Paswan, r/o village – Dariapur, P.S. Parsa, District – Chhapra at present working as Chaukidar in the office of the Tilaiya Canal Division, Wazirganj, Gaya 5. Raj Kumar Thakur,s/o late Ram Thakur, r/o village Katha Kurh, P.S. Masurih, District – Patna at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 6. Mohan Prasad Sharma, s/o late Parmeshwar Mismishri, r/o Mohalla – Harish Chandra Talab, P.S. Nawadah, District Nawadah, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 7. Akhileshwar Singh s/o Yogendra Singh, r/o village Kawra, P.S. Jagdishpur, District Bhojpur, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 8. Narendra Pd. Singh, s/o late Baneshwar Singh, r/o village Pachrah, P.S. Asharih, District – Nawadah, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 9. Jalandar Pandit s/o late Ram Ayodhya Pandit, r/o Mohalla – Samastipur, P.S. Bhagalpur, District – Bhagalpur, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 10. Dinesh Prasad s/o Ram Das Thakur, r/o village + P.O. – Musepur, P.S. Bihta, District – Patna at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 2 11. Kapil Ram s/o late Ramdhari Ram r/o village – Gurua, P.s. Gurua, District – Gaya, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya 12. Lalo Prasad s/o late Rameshwar Singh r/o village – Kurkihat, P.S. wazirganj, District Gaya, at present working as unskilled labour in the office of the Tilaiya Canal Division, Wazirganj in the District of Gaya ……… Petitioners Versus 1. The State Of Bihar through the Principal Secretary, Department of Water Resources, Government of Bihar, Sinchai Bhawan, Patna 2. The Principal Secretary, Department of Water Resources, Govt. of Bihar, Sinchai Bhawan, Patna 3. The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 4. The Special Committee, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna through the Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Joint Secretary, Department of Water Resources, Govt. of Bihar, Patna 6. The Under Secretary, Department of Water Resources, Govt. of Bihar, Patna 7. The Under Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 8. The Engineer-in-Chief Water Resources Department, Govt. of Bihar, Patna 9. The Chief Engineer, Department of Water Resources, Katari Jheel Road, Gaya, Bihar 10. The Superintendent Engineer, Water Ways Circle, Nawadah, Nawadah 11. The Executive Engineer, Tilaiya Canal Division, Wazirganj, Gaya ……….. Respondents With CWJC. No.7624 of 2009 Gopal Prasad s/o late Bujhawan Ram r/o R’ Block, Road no.3, Behind Garage, P.S. Sachivalaya, Town & District – Patna Vs. 3 1. The State of Bihar through the Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna 2. The Engineer-in-Chief-cum-Commissioner-cum-Special Secretary, Building Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna 3. The Chief Engineer (South), Building Construction Department, Patna 4. The Superintending Engineer, Building Construction Department, South Bihar, Patna 5. The Executive Engineer, Building Construction Department, Patna Division, Patna 6. The Sub-Divisional Officer, Medical Sub-Division, Building Construction Department, PMCH, Patna 7. The Three Men Committee of Secretary, Personnel & Administrative Reforms Department, Additional Finance Commissioner (Resources) & Secretary, Urban Development Department, Patna With CWJC.No.10936 of 2009 1. Mahendra Baitha s/o late Ram Bilash Baitha, r/o village and P.O. Kussaiya, P.S. Warishnagar, District – Samastipur, at present working as Choukidar, Drainage Division, Samastipur 2. Pradhuman Rai s/o late Babu Nandan Rai, r/o village – Mahrour, P.O. Sonupur, P.S. Roshara, District – Samastipur, at present working as Assistant Pump Operator, Drainage Division, Samastipur Vs. 1. The State of Bihar 2. The Secretary, Department of Water Resources, Government of Bihar, Patna 3. The Additional Secretary, Department of Water Resources, Government of Bihar, Patna 4. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Chief Engineer, Water Sources Department, Samastipur 6. The Superintending Engineer, Drainage Circle, Samastipur, 7. The Executive Engineer, Drainage Division, Samastipur With CWJC. No.4925 of 2009 4 1. Mahendra Baitha s/o late Ram Bilas Baitha, r/o village and P.O. – Kussiya, P.S. Warishnagar, District – Samastipur, at present working as Choukidar, Drainage Division, Samastipur 2. Pradhuman Rai s/o late Babu Nandan Rai, r/o village – mahrour, P.O. Sonupur, P.S. Roshara, District – Samastipur, at present working as Assistant Pump Operator, Drainage Division, Samastipur Vs. 1. The State of Bihar 2. The Secretary, Department of Water Resources, Government of Bihar, Patna 3. The Additional Secretary, Department of Water Resources, Government of Bihar, Patna 4. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Chief Engineer, Water Sources Department, Samastipur 6. The Superintending Engineer, Drainage Circle, Samastipur, 7. The Executive Engineer, Drainage Division, Samastipur With CWJC. No.11885 of 2009 Md. Jamshed Khan s/o late Md. Gulam Habib Khan @ Gulam Habib, r/o Mohalla – Amir Hassan Lane, Tatarpur, P.S. Tatarpur, District – Bhagalpur Vs. 1. The State of Bihar 2. The Commissioner-cum-Secretary, Information and Public Relation Department, Bihar, Patna 3. The Director General, Information and Public Relation Department, Bihar, Patna 4. The Director, Information and Public Relation Department, Bihar, Patna With CWJC. No.11968 of 2009 Parwati Devi w/o Puran Saw, residence of Mohalla – Gass Godawan Gali, East Lohanipur, P.S. Kadamkuan, Patna Vs. 1. The State of Bihar though the Chief Secretary, Old Secretariat, Govt. of Bihar, Patna 2. The Secretary Three Men Committee, Govt. of Bihar, Patna 5 3. The Commissioner-cum-Secretary, Information and Public Relation Department, Bihar, Patna 4. The Director, Information and Public Relation Department, Bihar, Patna 5. The Commissioner-cum-Secretary, Finance Department, Govt. of Bihar, Patna 6. The Chief Accounts Officer, Information and Public Relation Department, Govt. of Bihar, Patna With CWJC. No.13802 of 2009 Md. Khannuddin s/o Md. Habib, r/o Mohalla – Naulakhia, Ward no.1, Post+P.S.+ District – Madhepura Vs. 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms. Govt. of Bihar, Patna 3. The District Magistrate, Madhepura 4. The Deputy Secretary, Madhepura, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Deputy Collector, Establishment, Madhepura Collectorate, Madhepura 6. The Deputy Collector, Nazarat, Madhepura Collectorate, Madhepura With CWJC. No.13852 of 2009 Gulbi Devi w/o late Bhola Ram (Ex-Generator Operator Barh) S.D.O.Office) r/o village – Aunta Kali Asthan Middle School Mokama, District – Patna, at present residing at Court Area, Office of S.D.O., Barh, Patna Vs. 1. The State of Bihar 2. The Chief Secretary, Govt. of Bihar, New Secretariat, Patna 3. The Collector cum District Magistrate, Patna 4. The Sub-Divisional Officer,Barh, Patna 5. The Secretary, Personnel and Administrative Department, Govt. of Bihar, Patna With CWJC. No.14061 of 2009 Ram Prakash Paswan @ Ram Chandra Paswan s/o late Dharichan Paswan, r/o village + P.O. Kapan via – Singhia Ghat, District – Samastipur 6 Vs. 1. The Secretary, Personnel and Administrative Department, Govt. of Bihar, Patna 2. The Principal Chief Conservator of Forest, Bihar, Patna 3. The Chief Conservator of Forest(Development) Govt. of Bihar, Patna 4. The Chief Conservator of Forest (Wild Life), Govt. of Bihar, Patna 5. The Commissioner cum Secretary, Govt. of Bihar, Forest and Environment Department, Patna 6. The Chief Conservator of Forest, Purniya 7. The Divisional Forest Officer, Begusarai 8. The Range Officer, Forest Department, Rosera, Samastipur With CWJC. No.21 of 2008 1. Ramji Marandi s/o late Jalfa Marandi, r/o village Telgawan, P.O. Phulhar, P.S. Belhar, District- Banka 2. Suresh Pd. Yadav s/o Ramji Prasad yadav, r/o village Dhanpura, P.O. Ara, P.S. Ara Sadar, District – Bhojpur 3. Rajendra Matri s/o Yadav Chand Matri, r/o village Badharchura, P.O. Kesada, P.S. + District – Singhbhum Jharkhand 4. Sudama Paswan s/o Ram Asare Paswan, r/o village Ranipur, P.O. + P.S. Phulwarisharif, Patna 5. Rafiq s/o Md. Sattar, r/o village Sheikhpura, P.O. Veterinary College, P.S. Hawai Adda, Patna 6. Rudal paswan s/o late Ram Swaroop Paswan r/o village Ranipur, P.O.+ P.S. Phulwarisharif, Patna 7. Yogendra Thakur s/o Ramdeo Thakur, r/o village and P.O. jogwana, P.S. Bathnaha, Sitamarhi 8. Laldeo Pal s/o late Somar Pal, r/o village Lemuabad English, P.S. and P.O. Pandarak, Patna 9. Parmanand Rajak s/o late Bihari Lal Rajak, r/o village+ P.O. + P.S. Gogari, Khagaria 10. Suresh Ram s/o Ram Swarup Ram, r/o village Sheikhpura, P.O. Veterinary College, P.S. Hawai Adda, Patna 11. Ramchandra Sah s/o late Basudeo Sah, r/o village Sundarpur Ratwara Barhiwan Tola, P.O. and P.S. Ratwara Pipar, Muzaffarpur 12. Shankar Ram s/o Ram Babu Ram, r/o village Raj Bhavan, P.O. Raj Bhavan, Patna 7 13. Smt. Radhika Devi w/o late Ram Nath Singh, r/o village Saip Kharwani, P.O. Husainpur, P.S. – Marhora, Saran Chapra 14. Ram Sagar Pandit s/o Janki Pandit, r/o village Ranipur, P.O. & P.S. Phulwarisharif, Patna 15. Devendra Paswan s/o Shri Chhachhnu Paswan, r/o village Nima, P.O. Jat Dumari, P.S. Poonpoon, Patna 16. Rajeshwar Paswan s/o late Sohrai Paswan, r/o village Ranipur, P.S. & P.O. Phulwarisharif, Patna 17. Radheshyam kumar s/o Awadhesh Singh, r/o village & P.O. Ekbari, P.S. Sahar, Bhojpur at Ara 18. Shailendra Paswan s/o Rudal Paswan, r/o village Ranipur, P.O. & P.S. Phulwarisharif, Patna 19. Suraj Pd. Yadav s/o late Dhurkheli Yadav, r/o village Tripolia, P.O. Gulzarbag, p.S Alampur, Patna 20. Devendra Prasad s/o late Deo Narain yadav, r/o village & P.O. Parsa Bazar, P.S. Parsa Bazar Phulwarisharif, Patna 21. Bijardhan Paswan s/o late Ramdas, r/o village Nand Gaon(Sheikhpura) P.O. Rajbanshi Nagar, P.S. Shashtri Nagar, patna 22. Suresh Kumar s/o Kamru Paswan, r/o village, P.O. & P.S. Maner, Patna Vs. 1. The State of Bihar, through the Secretary, Forest and Environment Department, Govt. of Bihar, Sichai Bhawan, patna 2. The Deputy Secretary, Forest and Environment Department, Govt. of Bihar, Patna 3. The Principal Chief Conservator of Forest, Bihar, Bishwashwairaiya Bhawan, Bailey Road, Patna 4. The Chief Conservator of Forest, Govt. of Bihar, Science &Technology Bhawan, Bailey Road, Patna 5. The Director, Sanjai Gandhi Biological Park, Patna With CWJC. No.14910 of 2009 1. Mahendra Pal 2. Ramji Bhagat both sons of Hiralal Bhagat, r/o village & P.O. Achraj lal, P.S. Krishnagarh (Barhara), District – Bhojpur Vs. 1. The State of Bihar 2. The Chief Secretary, Bihar 8 3. The Secretary, Department of Personnel and Administrative Reforms. Govt. of Bihar, Patna 4. The Principal Secretary, Water Resources Department, Bihar, Patna 5. The Chief Engineer, Water Resources Department, Dehir 6. The Superintending Engineer, Sone Barrage Circle, Indrapuri, Rohtas 7. The Executive Engineer, Durgawati Left Bank Canal, District- Bhitri Bandh, Rohtas With CWJC. No.15437 of 2009 Manindra Kumars/o Sheo Shankar Pd. Singh, r/o village & P.O. – Devapur, P.S. Barauli, District Gopalganj Vs. 1. The State of Bihar 2. The Committee of Three Secretaries, headed by Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 3. The Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 4. The Principal Secretary, Science and Technology Department, Govt. of Bihar, Patna 5. The Director, Science and Technology Department, Govt. of Bihar, Patna 6. The Deputy Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 7. The Principal, Muzaffarpur Institute of Technology, Muzaffarpur With CWJC. No.589 of 2008 Surendra Singh s/o late Sadhu Saran Singh,r/o village – Mokimpur, P.S & P.O. Hulasganj, District – Jehanabad Vs. 1. The State of Bihar, through the Secretary, Minor Irrigation Department, Sinchai Bhawan, Harding Road, Patna 2. The Chief Engineer, Minor Irrigation Department, Muzaffarpur 3. The Superintending Engineer, Minor Irrigation Anchal, Muzaffarpur 4. The Executive Engineer, Minor Irrigation Division, Muzaffarpur With CWJC. No.15412 of 2009 9 Pramod Kumar s/o Laxman Bhagat, r/o Mohalla – Laxmi Chowk, P.S. Brahmapura, District – Muzaffarpur Vs. 1. The State of Bihar 2. The Committee of Three Secretaries, headed by Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 3. The Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 4. The Principal Secretary, Science and Technology Department, Govt. of Bihar, Patna 5. The Director, Science and Technology Department, Govt. of Bihar, Patna 6. The Deputy Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 7. The Principal, Muzaffarpur Institute of Technology, Muzaffarpur With CWJC. No.15431 of 2009 Sunil Kumar s/o Sri Bhuneshwar Prasad, r/o Mohalla – Saluganj, P.O. & P.S. Biharsharif, District – Nalanda, at present working as Clerk on daily wages basis in the office of Muzaffarpur Institute of Technology, Muazffarpur Vs. 1. The State of Bihar 2. The Committee of Three Secretaries, headed by Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 3. Secretary, Agriculture Department, Govt. of Bihar, Patna 4. Principal Secretary, Science and Technology Department, Govt. of Bihar, Patna 5. Deputy Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna 6. Director, Science and Technology Department, Govt. of Bihar, Patna 7. Principal, Muzaffarpur Institute of Technology, Muzaffarpur With CWJC.No.17113 of 2009 1. Ashok Kumar s/o late Dawarka Singh r/o village – Tilakpur, P.O. Bichhway, P.S. Lakhisarai, District – Lakhisarai 10 2. Ashok Kumar Sinha, s/o late Kamala Prasad r/o village – Vishunpura P.O. Narayanpur, P.S. – Obra, District Aurangabad Vs. 1. The State of Bihar 2. The Principal Secretary, Personnel and Administrative Reforms. Govt. of Bihar, Patna 3. The Commissioner –cum- Secretary, Department of Road and Construction, Govt. of Bihar, Patna 4. The Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Road Construction Department, Govt. of Bihar, Patna 5. The Superintending Engineer, Road Construction Department, Magadh Anchal, Gaya, Bihar 6. The Executive Engineer, Road Construction Department, Division no.1, Gaya, Bihar With CWJC. No.1371 of 2010 1. Har Sahay Prasad s/o late Ram Pyare Mahto r/o village + P.O. – Ohda, P.S. Asthama, Nalanda 2. Maheshwar Ram s/o late Sita Ram, r/o village – Dariyarpur, P.O. Paliganj, Patna 3. Sadanand Prasad s/o Purandeo Singh r/o village – Ariyan, P.O. Siwan, Nawadah 4. Binod Prasad s/o Ojir Mahto, r/o village – Bham, P.O. Singer, Nawada 5. Prameshwar Prasad s/o Bhimal Prasad, r/o village – Laun, P.O.+ P.S. – Laun, Nawadah 6. Sachita Nand Prasad s/o late Dukhan Mahto, r/o village + P.O. Aufaui, Munger 7. Vijay Ram s/o Ramjivan Ram, r/o village + P.S. – Naubatpur, Patna 8. Dani Sharma s/o late Hajari Singh, r/o village – Pachiya, P.O. & P.S. – Nardiganj, Nawadah 9. Arjun Mahto s/o Latu Mahto r/o village – Manjhauli, P.O. & P.S. – Rajauli, Nawadah 10. Md. Ijhar s/o late Ishaque, r/o village + P.O. Anwar Nagar, Nawadah Vs. 1. The State of Bihar through Principal Secretary, Department of Water Resources, Govt. of Bihar, Sinchai Bhawan, Patna 11 2. Special Committee, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna through the Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. Joint Secretary, Department of Water Resources, Govt. of Bihar, Sinchai Bhawan, Patna 4. Under Secretary, Department of Water Resources, Govt. of Bihar, Sinchai Bhawan, Patna 5. Engineer-in chief, Water Resources Department, Govt. of Bihar, Patna 6. Chief Engineer, Department of Water Resources, Katari Jheel Road, Gaya, 7. Superintending Engineer, Waterway Circle, Ghoshi, Jehanabad 8. Superintending Engineer, Waterway Circle, Nawadah 9. The Executive Engineer, Waterway Division, Ghoshi, Jehanabad 10. Under Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna With LPA. No.85 of 2010 Umesh Gupta s/o Bhikha Gupta, r/o village Manpur Post Barahi Bajar, P.S. & District – Madhepura Vs. 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. The District Magistrate, Madhepura 4. The Deputy Secretary, Madhepura, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Deputy Collector, Establishment, Madhepura 6. The Deputy Collector, Nazarart, Madhepura Collectorate, Madhepura With LPA. No.86 of 2010 Dhirendra Kr. Yadav s/o late Maheshwar Pd. Yadav, r/o village and P.O.- Manikpur, P.S. - & District – Madhepura Vs. 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. The District Magistrate, Madhepura 12 4. The Deputy Secretary, Madhepura, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Deputy Collector, Establishment, Madhepura 6. The Deputy Collector, Nazarart, Madhepura Collectorate, Madhepura With LPA. No.154 of 2010 Shambhu Pd. Yadav s/o late Jamun Pd. Yadav, r/o village and P.O. – Manikpur, P.S. & District – Madhepura Vs. 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. The District Magistrate, Madhepura 4. The Deputy Secretary, Madhepura, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Deputy Collector, Establishment, Madhepura 6. The Deputy Collector, Nazarart, Madhepura Collectorate, Madhepura With LPA. No.121 of 2010 Sambhu Thakur s/o Yogendra Thakur, r/o Mohalla – Laxmipur, Ward no.17, P.O. , P.S. & District – Madhepura Vs. 1. The State of Bihar 2. The Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 3. The District Magistrate, Madhepura 4. The Deputy Secretary, Madhepura, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna 5. The Deputy Collector, Establishment, Madhepura 6. The Deputy Collector, Nazarart, Madhepura Collectorate, Madhepura --- For the petitioners: Mr. Shyama Prasad Mukherjee, Sr. Counsel Mr. Vinod Kanth, Sr. Counsel, Mr. Rajendra Prasad Singh,Sr. Counsel, Mr. Rajendra Sharma, Mr. Dhrub Mukherjee, Mr. Amrendra Kumar Sinha, 13 Mr. Madho Roy, Mr. R.K.P. Sinha, Mr. Jitendra Kumar Rai, Ms. Mahashweta Chatterjee, Mr. Rajesh Kumar, Mr. J.K.Giri, Mr. S.S. Khan, Mr. shanty Pratap, Mr. Mukul Sinha, Mr. Alok kumar No.1 Mr. Vinay Krishna Tripathi, Advocates For the State: Mr. S.K.Ghosh, Additional Advocate General – II Mr. Aroop Choungdar, AC to AAG II Mr. Ray Shivaji Nath, Additional Advocate General – IV Mr. P. Kashyap, aC to AAG IV Mr. Rajesh Kumar, AC to AAG VI Mr.N.K.Sinha, AAG - X Mr. Ranjit Sinha, AC to SC X Mr. Suresh Kumar, AC to SC VII Mr. S.K. Sinha, SC XIII Mr. Nityanand Mishra, AC to SC XIII Mr. J.P.Karn, AAG IX Md. Anis Akhtar, AC to AAG IX Mr. Rajendra Prasad, AAG I Mr. Ram Naresh Prasad, AC to AAG I Mr. Mukesh Kumar, AC to GP XVIII --- PRESENT: Hon’ble The Chief Justice Hon’ble Mr. Justice Ramesh Kumar Datta ----------- O R D E R 04/03/2010 As per Dipak Misra, CJ. Heard Mr. Shyama Prasad Mukherjee, learned Senior Counsel, Mr. Vinod Kanth, learned Senior Counsel, Mr. Rajendra Prasad Singh, learned Senior Counsel, Mr. Rajendra Sharma, Mr. 14 Dhrub Mukherjee, Mr. Amrendra Kumar Sinha, Mr. Madho Roy, Mr. R.K.P. Singh, Mr. Jitendra Kumar Rai, Ms. Mahasweta Chatterjee, Mr. Rajesh Kumar, Mr. J. K. Giri, Mr. S.S. Khan, learned counsel for the petitioners, and Mr. S. K. Ghosh, learned Additional Advocate General – II and Mr. Ray Shivaji Nath, learned Additional Advocate General – IV, for the State. 2. This batch of writ petitions have been listed before us on being referred by the learned Single Judge as he had some doubt whether concept of regularization as postulated in paragraph – 53 of the decision rendered in Secretary, State of Karnataka and others vs. Uma Devi (3) and others, (2006) 4 Supreme Court Cases 1, would apply to daily wage employees. 3. To appreciate the scenario in proper perspective , it is apt to reproduce the paragraph of the order wherein the learned Single Judge has expressed his doubt: “In the case of Uma Devi (Supra) at paragraph 45 of the judgment, the Supreme Court held in clear terms that daily wagers stand in a category/class by themselves and cannot make out claims for a right to regularization or even equal wages for equal work. The paragraph also holds that regularization of such persons was not permissible in the law merely because in the exigency of the administration certain ad-hoc or temporary daily wage appointment may have been made. Paragraph 48 of the judgment explicitly holds that daily wagers have no claim for regularization. A person appointed on daily wage holding no post in the government, not having a claim for regularization cannot classify himself as an irregular appointee. Such appointment visualizes a 15 regular appointment where only certain procedural requirements were lacking. The appointment being otherwise on a vacant sanctioned post as a regular employee and not on daily wages. Paragraph – 53 of the judgment exclusively confines the observations to those irregularly appointed as distinct from illegally appointed. The observations of the Bench with regard to consideration of such regularization may not apply to daily wage employees in light of the law laid down by the Supreme Court.” 4. It is submitted by the learned counsel for the petitioners that if paragraph 53 of Uma Devi (supra) is read conjointly with paragraphs – 45,50,51 & 52, it would be quite vivid that the said paragraph contained a stipulation for regularization of daily wagers on certain conditions -precedent being satisfied. It is canvassed by them that the Apex Court has thought of the benefit as a one time measure and the said decision has also been interpreted by this court in the case of Shailendra Kumar Verma @ Shailendra Prasad vs. The State of Bihar and others (CWJC. No.6504 of 2000) and other connected matters and, therefore, there was no justification for reference. 5. Mr. S.K.Ghosh and Mr. Ray Shivaji Nath, the learned counsel for the State, fairly stated that paragraph – 53 would not ipso facto cover the daily wagers but it may have applicability and attractability to a case where the conditions- precedent are fulfilled. In essentiality, the conditions- precedent 16 which are cumulative in nature are not satisfied the benefit engrafted in the said paragraph cannot be extended to the daily wage employees. 6. To appreciate the rival submissions raised at the Bar it is apposite to reproduce paragraph -53 of the decision rendered in Uma Devi (supra) which reads as under: “One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. Narayanappa (State of Mysore V. S.V.Narayaanappa, (1967) 1 SCR 128: AIR 1967 SC 1071), R.N.Najundappa12 12R.N.Najundappa V. T.Thimmiah, (1972) 1 SCC 409: (1972) 2SCR 799 and B.N. Nagarajan8 8B.N. Nagarajan V. State Karnataka, (1979) 4 SCC 507: and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that requires to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already