IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3009 of 2010 1. CHANDRA BILAS SINGH S/O LATE AMIR SINGH R/O VILL WAINA,P.S.GHOSI,DISTT-JEHANABAD 2. KISHORE MAHTO S/O LATE DUNGAR MAHTO R/O VILL BASARIYA,P.S.ICHAK,DISTT-HAZARIBAGH(JHARKHAND) 3. NARAYAN SINGH S/O LATE HARIHAR SINGH R/O MOH MAULAGANJ,P.S. CIVIL LINE,DISTT-GAYA 4. MANOJ KUMAR MANDAL S/O LATE VEDO MANDAL R/O VILL RUPSA MAJON,P.S.MAJON,DISTT-BANKA 5. KAMESHWAR SINGH S/O SRI BALDEO SINGH R/O VILL LALARO,P.S. OBRA,DISTT-AURANGABAD 6. RAMSWARUP PASWAN S/O LATE BISAMBHAR PASWAN R/O VILL ALAWALPUR,P.SKURTHA,DISTT-ARWAL 7. MOTILAL SINGH S/O LATE INDRADEO SINGH R/O VILL SHOBHI DUMRA,P.S. MUFASSIL,DISTT-ARAH 8. RAM PUKAR SINGH S/O LATE CHANDRADEEP SINGH R/O VILL KANSARA,P.S.KINJAR,DISTT-ARWAL 9. ARJUN SHARMA S/O SRI SHYAM SHARMA R/O VILL DHANSINGRA,P.S.KHIJARSARAI,DISTT-GAYA 10. BRINDA PRASAD SHARMA S/O LATE PRADEEP SHARMA R/O VILL INDRAPUR,P.S.MAKHDUMPUR,DISTT-JEHANABAD 11. YUGAL KISHORE PANDEY S/O LATE PRAMOD PANDEY R/O VILL JAYTIPUR(OKRI),P.S.OKRI,O.P.DISTT-JEHANABAD 12. JAI SHANKAR SINGH S/O LATE RAJENDRA PRASAD SINGH R/O VILL NAYANAGAR,P.S.UDAKISHUNGANJ,DISTT-SAHARSA Versus 1. THE STATE OF BIHAR ,THROUGH THE SECRETARY ,RURAL WORKS DEPARTMENT GOVERNMENT OF BIHAR,PATNA 2. THE SECRETARY,RURAL WORKS DEPARTMENT GOVERNMENT OF BIHAR,PATNA 3. ENGINEER IN CHIEF ,RURAL WORKS DEPARTMENT GOVERNMENT OF BIHAR,PATNA ----------- 2/ 27/08/2010 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners claim to be daily wage workers on the post of Jeep Driver, Choukidar, Roller driver commencing from the years 1981 to 1984. It is their specific case that they are performing similar duties in like manner as those on sanctioned posts, but continue to be paid as daily wagers. They came to this Court also - 2 - when directions were given to consider their claims for regularization notwithstanding which nothing has been done. It is their further case that sanctioned vacant posts exist and roster clearance has also been obtained. If sanctioned vacant posts exist, there can be no justification for the State to appoint persons on daily wage against such posts and continue them as such for long periods of time. Their engagement on daily wage against a sanctioned vacant post without furthermore enforces the regular need for personnel on those posts. It also raises issues of exploiting by not paying full wages. Such an arrangement if continued for an unduly long period of time becomes violative of Article-14 of the Constitution of India contrary to the duties of a welfare State. A daily wager cannot be replaced by another daily wager, but only by a substantive appointee. The writ application is disposed with a direction to the respondents to fill up sanctioned vacant posts against which persons are working on daily wages in accordance with law within a maximum period of six months from the date of receipt/presentation of a copy of this order before them after which daily wage appointments against sanctioned vacant posts shall cease. It is expected that in any fresh advertisement the - 3 - respondents, as a matter of policy, shall adequately consider issues of age relaxation and weightage of past work experience which essentially would be of assistance to the respondents, by way of availability of experienced hands. The writ application stands disposed with aforesaid directions. KC ( Navin Sinha, J.)