IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16679 of 2009 1. GAUTAM PASWAN @ GAUTAM KR. S/O SRI PRASADI PASWAN R/OVILL HALSI, P.O.+P.S. HALSI, DISTT- LAKHISARAI 2. JITENDRA KUMAR SINGH S/O SRI SANJAY PRASAD SINGH R/OVILL SADSANDA, P.O. MANJHBEY, P.S. HALSI, DISTT- LAKHISARAI 3. SHANKAR YADAV S/O LATE CHHATTU YADAV R/OVILL NISTA, P.S SURAJGARHA, DISTT-MUNGER 4. DEEPAK KUMAR S/O SRI DWARIKA PRASAD SINGH R/OVILL +P.S.HALSI, DISTT- LAKHISARAI Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2. THE COMMISSIONER MUNGER DIVISION, DISTT- MUNGER 3. THE DISTRICT MAGISTRATE- CUM- COLLECTOR LAKHISARAI 4. THE ADDITIONAL DISTRICT MAGISTRATE LAKHISARAI 5. THE DISTRICT DEVELOPMENT COMMISSIONER LAKHISARAI 6. THE BLOCK DEVELOPMENT OFFICER LAKHISARAI 7. THE CIRCLE OFFICER LAKHISARAI 8. THE CHILD DEVELOPMENT PROJECT OFFICER LAKHISARAI ----------- 2/ 19/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. While a person appointed as a daily wager on the post of driver may not have a claim for regularization, learned counsel for the petitioners is right in his submission that to take their services for long up to eight years on daily wages even while sanctioned vacant post exists, is a fraud on the constitution. It is, per se, evidence of the need to make regular appointment. The respondents are directed to make regular appointment on the vacant sanctioned posts of Jeep Drivers in the Collectorate at Lakhisarai within a maximum period of one year when, if the petitioners 2 apply, they are also required to be considered in accordance with law giving them adequate consideration and relaxation for their age in accordance with law, past work experience etc. If regular appointments are not made on vacant sanctioned posts within the period of one year, the respondents are restrained from utilizing the services of any one on daily wages or substituting one daily wager by another thereafter. The writ application stands disposed. KC/ ( Navin Sinha, J.)