IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20008 of 2011 1. Ram Brikh Paswan Son Of Sri Horil Paswan Resident Of Village Kabilpur, P.S. Bahadurpur, District Darbhanga. 2. Shailendra Kumar Kranti Son Of Late Sita Ram Kranti Resident Of Village Benipur, P.S. Bahera, District Darbhanga. 3. Nathuni Ram Son Of Late Asharfi Ram Resident Of Village Chak Nigam, P.S. L.N.M.U., District Darbhanga. 4. Shankar Mallick Son Of Late Saryug Mallick Resident Of Village Bairampur, P.S. Biraul, District Darbhanga. Versus 1. The State Of Bihar. 2. The Divisional Commissioner Darbhanga Division, Darbhanga. 3. The District Magistrate, Darbhanga. 4. The Deputy Development Commissioner Darbhanga. 5. The Establishment Deputy Collector, Darbhanga Collectorate, Darbhanga. ---------------------------------- 2. 15.12.2011 Heard learned counsel for the petitioners and the State. In the nature of the relief sought, rather than to ask for a counter affidavit, the application is disposed off with the following directions. The relief sought is to consider the petitioners for appointment on Class-IV posts under the Darbhanga Collectorate and its attached offices. Learned senior counsel for the petitioners submits that notwithstanding the availability of sanctioned vacant posts, the respondents are resorting to subterfuge daily wage appointment rather than filling up the sanctioned vacant post in accordance with law by open advertisement and competitive merit selection. 2 If their exist sanctioned vacant posts in the Government, they are required to be filled up in accordance with law by open advertisement and competitive merit selection. The continuance of a person on daily wage against a sanctioned vacant post militates against the welfare theory of the Constitution. If the State does not wish to fill up the sanctioned post that is an entirely different matter. But a daily wage appointment cannot be a subterfuge for the same. Let the respondents take necessary steps to fill up the vacant sanctioned post in accordance with Article 14 of the Constitution of India. If they do not wish to fill up the vacant sanctioned post they cannot resort to a subterfuge against the same as it is a matter of common knowledge that such daily wage appointment are preserved for the chosen few. In so far as issue of age relaxation and weightage for past work experience etc. are concerned, these are more a policy matter for employer to decide in accordance with law. The order be complied within six months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)