IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4404 of 2006 SIDHESHWAR PRASAD Versus BIHAR STATE CO-OPERATIVE MARKETING UNION LTD.&ORS ----------- 3 5.8.2008 Heard learned counsel for the parties. Petitioner wants a direction upon the respondent BISCOMAUN to regularize his services on the post of Night Guard, since he is working on that post since 14.6.1981. Besides the above relief he also wants payment of salary from August, 1995 till the time work was taken from him as a daily wager. In the counter affidavit filed on behalf of the respondents they have taken a categorical stand that looking at the financial condition of the respondents there is no question of regularizing the services of the petitioner. In fact a large number of permanent employees have been terminated because of the financial position. If they do not have capacity to pay the regular employees then the occasion would not arise for regularization of daily wager. The Court therefore is not inclined to pass any direction upon the respondents for regularization of the services of the petitioner. Even otherwise in view of the recent Constitutional Bench decision of the Hon’ble Supreme Court there is an impediment in giving relief to the petitioner. There is no categorical assertion and submission with regard to the salary being claimed by the petitioner. He only states that till July, 1995 he has been drawing his salary without - 2 - break but after August, 1995 the same has been stopped. Since the petitioner was a daily wager he has to approach the local authority, bring evidence on record with regard to his working and engagement for the period he is claiming salary and if the same is found to be correct then the question of payment will come into play. In view of the vagueness of the pleading and the assertion, the Court grants liberty to the petitioner to lodge his claim with regard to salary as a daily wager before the competent authority along with supporting evidence of having worked and on verification, if the assertion of the petitioner found to be in order, efforts must be taken for payment of salary. If the petitioner approaches the concerned respondents a decision on his claim would be communicated to him within a period of six months of the filing of the said claim. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)