IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3051 OF 2008 KUDDUS AHMED KHAN, SON OF LATE ABDUL HAMID, RESIDENT OF VILLAGE MAJHAULI, POLICE STATION VAISHALI, DISTRICT VAISHALI VERSUS 1. THE STATE OF BIHAR 2. THE ENGINEER-IN-CHIEF –CUM- ADDITIONAL COMMISSIONER –CUM- SPECIAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, R.E.O., PATNA 3. THE CHIEF ENGINEER, R.E.O.-II, BIHAR, PATNA 4. THE SUPERINTENDING ENGINEER, R.E.O., WORK CIRCLE, CHAPRA 5. THE EXECUTIVE ENGINEER, R.E.O., WORKS DIVISION, CHAPRA 6. THE ASSISTANT ENGINEER, R.E.O., WORKS SUB-DIVISION, CHAPRA ******** 2 31/03/2011 This writ application has been filed for regularization of the petitioner’s services in the R.E.O. Works Centre, Chapra. The petitioner claims that he was working on daily wages as a Rural Khalashi from 03.01.1981 and he was retained in service on daily wages till 04.10.1985. The petitioner had earlier filed CWJC No. 3362 of 1984 which was disposed of by order dated 16.08.1984 with a direction that the representation of the petitioner should be disposed of within a period of four months. A counter affidavit has been filed on behalf of the State in which it is specifically stated on behalf of the Executive Engineer, Works Department, Chapra that the petitioner has not been working on daily wages basis since October, 1985 and as such he cannot claim any wages for the period beyond that which has been 2 mentioned aforesaid. It has also been submitted that the Department of Personnel and Administrative Reforms, Government of Bihar has laid down certain criteria which needs to be fulfilled for the purposes of regularization of the services of the employees on the daily wages in consonance with the decisions of the Supreme Court in the case of the Secretary, State of Karnataka and Others vs. Umadevi (III) & Others, [2006 (4) SCC 1. In view of the stand taken by the State Government, the petitioner can only be considered for regularization of his services if he fulfills the conditions as set out by the Department of Personnel and Administrative Reforms, Government of Bihar. In case, the petitioner fulfills the criteria and has the seniority, he should be considered against the existing vacancies in the Department and the Department may take steps according to the decision of the Department of Personnel and Administrative Reforms, Government of Bihar. This application is thus disposed of. Anand ( Sheema Ali Khan, J. )