IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.723 of 2011 ----------- Appeal against the judgment and order dated 16-3-2011 passed by a Bench of this Court in C.W.J.C. No. 8684/2006. ------------- Jalandhar Prasad Yadav, son of Late Brahmdeo Yadav, r/o Village- Brahmsthan, P.S. Bariyarpur, District- Munger..............................................................Appellant Versus 1. The State Of Bihar, through the Secretary, Public Health Engineering Department, Govt. of Bihar, New Secretariat, Patna. 2. The Chief Engineer ( Mechanical) Public Health Engineering Department, Govt. of Bihar, Patna. 3. The Superintending Engineer ( Mechanical ), Public Health Engineering Department, Mechanical Circle, Bhagalpur. 4. The Executive Engineer ( Mechanical ), Public Health Engineering Division, Munger. 5. The Junior Engineer, P.H.E.D. ( Mechanical Division ), Jamalpur. 6. The Regional Mechanical Engineer, Public Health Mechanical Engineering Jamalpur........... Respondents. . ------------- For the appellant :- Mr. Shailendra Kumar Jha & Mrs. Bandana Kumari, Advocates Mr. Jai Shankar Barnwal, S.C. I, Mr. Satish Kumar Sinha, A.C. to S.C. I Mr. Krishna Murari- A.C. to S.C. I ------------- 2 18-8-2011 Heard learned counsel for the appellant and learned counsel for the State. It is not in dispute that throughout the appellant 2 worked only on daily wages as Khalasi till his service has been regularized on 26-10-2007, as noted in the order under appeal. The circumstances under which, as a general policy those who had worked for specific period on daily wages were regularized, have been explained by the respondents in their supplementary counter-affidavit filed in the writ petition. In that counter-affidavit annexure-F dated 12-4- 1988 has been annexed to show that on account of absence from work appellant’s engagement was brought to an end and that also after giving an opportunity to show cause. The counter affidavit also discloses that earlier also for different period his engagement had been terminated. On behalf of appellant an attempt has been made to assail the impugned termination order contained in annexure-9 to the writ petition dated 20th October, 1998 on the ground that the order was forged and fabricated. The writ court had called for the original records and was not satisfied with such claim. On behalf of appellant reliance was placed upon a letter of the Superintending Engineer dated 11-8-2005 ( Annexure-17 to the writ petition) to submit that in the said letter the Superintending Engineer 3 wrote to the Engineer-in-Chief that reference to a letter of Executive Engineer dated 14-10-1998 in the impugned order contained in annexure-9 appeared to be misplaced because such a letter bearing memo no. 760 was for a different purpose. There may have been typographical mistake in the description of the letter of the Executive Engineer but from the original record as well as from the materials available on record, it is evident that the Executive Engineer had issued a direction pursuant to which the appellant was disengaged. Such a finding by the writ court is on the basis of records called for and perused. We find no good reason to interfere with the order under appeal. As a daily wager the appellant had no vested right to continue in service. It also appeared from the record that even after disengagement for a certain period, the appellant was taken into service on daily wages and ultimately he has been regularized. He did not join service even after regularization within the time indicated in the order of regularization. The writ court extended that time for a period of four weeks from the date of the judgment and order under appeal. We have been informed 4 that the appellant has chosen not to join even within the extended period. The plea is pendency of this L.P.A. In the larger interest of justice, we extend the period for joining of the appellant for four weeks from today. The appeal is dismissed with the aforesaid observation and directions. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey, J)