IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18011 of 2009 1. NOOR HASAN S/O LATE MD. TEJARAT HUSSAN R/O VILL.- RAMPUR, P.O.- JAMO BAZAR, P.S.- GOREYA KOTHI, DISTT.- SIWAN Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH SERVICES (INDIGENOUS MEDICINE), GOVERNMENT OF BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, PATNA 5. THE DIRECTOR (INDIGENOUS MEDICINE) DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 6. THE DISTRICT INDIGENOUS MEDICAL OFFICER SIWAN, DISTT.- SIWAN ----------- 2 21..4.2010 Heard counsel for the petitioner and the counsel appearing for the State. After several round of litigations, finally in the year 1995, petitioner had come before this Court by filing CWJC No.1107 of 1995. This application was disposed off along with several other cases and a direction was issued to the respondent authorities of the State for constitution of Three Men Committee. The Committee was directed to examine the claim of the petitioner in the light of the decision of the Supreme Court in the case of Secretary, State of Karnatka and ors. vs. Uma Devi and ors. (2006) 4 SCC 1. It transpires that 2 petitioner’s case was considered by the Three Men Committee and by this decision case of the petitioner was rejected on three grounds. One of the grounds was non-completion of petitioner ten years of service. This ground is proved from the facts stated in the writ application also. The petitioner was appointed in the year 1992. He could get his salary for the period till 1995, on account of orders/direction issued by the High Court in different writ applications, preferred by the petitioners subsequent to the year 1995, no payments were made to the petitioner. Rightly the case of petitioners was rejected by the Three Men Committee; on this ground that petitioner has not completed ten years of service. In the counter affidavit filed by the State also similar fact has been stated. I do not find that the petitioner has any claim for regularization in the given facts and circumstances of the case. However, earlier this Court had directed the concerned authority of the State to advertise vacancies against posts in the concerned district, for filling up those posts on regular basis. This direction is again reiterated. 3 The Director (Indigenous Medicine), Department of Health, Government of Bihar, Patna will see that the vacancies in Class III posts, available in the district of Siwan is advertised within six months. The petitioner may also apply for the post. His application will also be considered in case of fulfilling the eligibility criteria for the post. The respondent authority will provide relaxation of age to the petitioner, for the period he has worked. This application is disposed off. (Mridula Mishra,J.) A.Kumar