IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15430 of 2009 1. MUKESH RANJAN SINHA S/O LATE SACHCHIDANAND PRASAD SINHA R/O VILL +P.S-DIGHWARA, DISTT- SARAN (CHAPRA) Versus 1. THE STATE OF BIHAR THROUGH ITS COMMISSIONER-CUM- SECRETARY TO GOVT. RURAL ENGINEERING ORGANISATION, BIHAR, PATNA 2. THE ENGINEER IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM- SPECIAL SECRETARY, null RURALENGINEERING DEVELOPMENT DEPARTMENT, R.E.O.,PATNA 3. THE CHIEF ENGINEER, RURAL ENGINEERING ORGANISATION-II, BIHAR, PATNA 4. THE SUPERINTENDING ENGINEER, RURAL ENGINEERING ORGANISATION CIRCLE, CHAPRA 5. THE EXECUTIVE ENGINEER, RURAL ENGINEERING ORGANISATION DIVISION, CHAPRA ----------- 2. 2.12.2009 Heard learned counsel for the petitioner and the State. The petitioner came to this Court as a daily wager seeking absorption/regularization on a Class-IV post in C.W.J.C. NO. 5216 of 1990 This Court noticed that he was not working after 11.7.1990. It therefore declined to give him the relief. It was additionally urged that two persons, respondent nos. 6 and 7 were appointed as daily wagers after the termination of the petitioner in the same capacity. This Court therefore directed disengagement of respondent nos. 6 and 7 forthwith as they did not appear despite service of notice also. In so far as the petitioner is concerned, this Court observed that if regular vacancies are available, steps shall be taken for regular appointment in accordance with law when the case of the petitioner may also be considered giving due weightage of his past satisfactory work experience and relaxation of age. The 2 process for regular appointment was directed to be completed within six months. Factually today, the petitioner is no more in employment and therefore his ineligibility for absorption/regularization as observed in C.W.J.C. No. 5216 of 1990 continues to apply with all legal force as regularization/absorption cannot be a mode of appointment and the basic premise for the same is continuity in appointment which is clearly wanting presently. The next submission from Annexure-12 dated 1.11.2008 is that the Superintending Engineer, Rural Works Division, Chapra has observed that there was provision for a committee under the orders issued by the Department of Administrative and Personnel Reforms dated 16.3.2006 that regularization of those who had worked for at least 240 days during a period of five years. List of such daily wager had been prepared and forwarded to the office of the District Magistrate, Chapra on 24.10.2008 for consideration and in which the name of the petitioner figured at serial No. 57. The relief prayed is now moulded to make appointment in accordance with such recommendation. This Court is satisfied that the letter of the Superintendent Engineer dated 31.10.2008 is not only in teeth of the directions of this Court in C.W.J.C. No. 5216 of 2009 which directed appointments by open advertisement and selection and is further contrary to the law laid down in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors 2006(4) SCC 1, that daily 3 wagers hold no post and therefore the question of their regularization does not arise. The classification done in that judgment with regard to regularization/absorption as a one time measure for those who had worked for 10 years is applicable only to those who are in service and who were irregular appointed as distinct from an illegal appointment. The very same judgment classified that daily wagers do not fall in either of the two categories. The respondents are hereby restrained from making any appointments in pursuance of the letter dated 1.11.2008 or the list dated 24.10.2008 except in accordance with the directions already given in C.W.J.C. No. 5216 of 1990. This Court further holds that the respondents cannot be permitted to resort to subterfuge of the manner sought to be done presently and on that basis even seek to continue daily wagers of their ‘liking’ and to their ‘satisfaction’. If regular appointments are not made within a maximum period of one year from the date of receipt and/or presentation of a copy of this order, all such daily wage appointments against regular sanctioned existing vacant post shall cease, the responsibility for which will lie with the respondents alone. The writ application is dismissed. P. Kumar (Navin Sinha, J.)