IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1011 of 2010 1. RAMU MISHRA S/O LATE DANI MISHRA R/O VILL- PUPRI, P.S. PUPRI, DISTT. SITAMARHI 2. ABDUL RAZIK S/O LATE ILIAS R/O VILL- POKHRAIRA, P.S. NANPUR, DISTT. SITAMARHI 3. RAM BABU RAI S/O RAM SHRESHTH RAI R/O VILL- MUSHAHARNIA, P.S. SONBARSA, DISTT. SITAMARHI …………….. Petitioners Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY ROAD CONSTRUCTION DEPTT., BIHAR, PATNA 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY ROAD CONSTRUCTION DEPTT., BIHAR, PATNA 4. THE CHIEF ENGINEER ROAD CONSTRUCTION DEPTT., NORTH BIHAR CIRCLE, DARBHANGA 5. THE SUPERINTENDING ENGINEER ROAD CONSTRUCTION DEPTT., NORTH BIHAR CIRCLE, MUZAFFARPUR 6. THE EXECUTIVE ENGINEER ROAD CONSTRUCTION DEPTT., DIVISION SITAMARHI, DISTT. SITAMARHI 7. THE ASSISTANT ENGINEER ROAD CONSTRUCTION DEPTT., SUB-DIVISION, SITAMARHI, DISTT. SITAMARHI …………………. Respondents ----------- 02. 19.07.2010 Heard counsel for the petitioners and the State. The prayer of the petitioners is for a direction to the respondents to appoint / absorb them on Class IV posts in Road Construction Department, Sitamarhis Road Division. Petitioners’ case is that they are working as Daily Wagers since 1982-83, their name is in the 2 panel of Daily Wagers, working in Class IV posts. Despite the fact that posts are lying vacant in the Department, the respondent authorities are not considering petitioners’ case for absorption. Persons, whose names are below in the panel are being given preference in the matters of absorption. The application is being disposed off, giving direction to the respondent authorities, i.e., respondent nos. 4, 5, 6 and 7 to consider petitioners’ case for absorption in the light of the decision of the Apex Court reported in 2006 (IV) SCC, Page-1 (Secretary, State of Karnataka & Ors. Vrs. Uma Devi and Ors.). In case, vacancies are existing and that can be filled up by the Daily Wagers, petitioners’ case be considered without any further delay. S.K.M. (Mridula Mishra, J.)