IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1699 of 2010 1. PARMESHWAR TIWARY S/O RAJDEO TIWARY R/O VILL.- SOVANCHAK, P.O.- BALIWAN SAGAR, DISTT.- GOPALGANJ. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GOPALGANJ 3. THE DISTRICT EDUCATION OFFICER, GOPALGANJ 4. THE HEADMASTER, HAJARILAL HIGH SCHOOL, BALUWAN SAGAR, DISTT.- GOPALGANJ. ----------- 02 20.08.2010 The petitioner claims to be working as daily wages as a Peon in Hajarilal High School, Baluwan Sagar, District-Gopalganj since 1998 having been recruited by the Headmaster. Petitioner has come to this Court with two grievances. One for payment of his wages and second for his regularization. Having heard the learned counsels and considered the matter, in my view, petitioner has strictly not entitled to any of the reliefs. So far as the first relief is concerned, petitioner has not been duly appointed and, as such, would not be entitled to any claim to the post or the pay thereof, but at the same time we must realize that we are living in a democratic society governed by rule of law. One of the facets is non arbitrariness. If it is found that there was a sanctioned post and the petitioner was working thereon then on the principle that no service is gratuitous, the petitioner would be entitled to remuneration. On this equitable principle he must accordingly make a representation to the District Education Officer, Gopalganj, who would examine this aspect of the matter and if it is found that it was a duly sanctioned vacant post and - 2 - petitioner had worked then for the period petitioner had worked he would be entitled to daily wages equivalent of remuneration. So far as regularization is concerned, it is well settled that having entered by back door, petitioner cannot claim regularization, if vacancy exist, it is high time for the authority to take necessary steps to fill up the vacant posts instead of taking work from petitioner in the hope regularizing him in future. No right is created in favour of the petitioner in this regard. The District Education Officer must decide the matter, as noted above, within a period of one month, after making such enquiries as he may deem fit and proper. With these observations and directions, the writ petition stands disposed of. Trivedi (Navaniti Prasad Singh, J.)