IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12335 of 2009 Smt.Vidya Kushum, wife of Yogendra Prasad, resident of Flat No. 202 Block ‘A’ Abu Balaya Giri, P.O. Bankipur, Police Station Pirbahor, District Patna Versus 1. The State Of Bihar 2. The Secretary to the Govt., Rural Works Department, Govt. of Bihar, Patna 3. The Engineer-in-Chief-cum Additional Commissioner-cum Special Secretary, Rural Works Department, Govt. of Bihar, Patna 4. The Chief Engineer-4, Rural Works Department, Govt. of Bihar, Patna ----------- 02/ 17.09.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is serving as Computer Programmer in the Rural Works Department. Her prayer for regularization on the post of Programmer has been refused under order, bearing Memo No. 5296 dated 19.8.2009, Annexure-13 to this application observing that she has not completed 240 days, every year for the last five years prior to 11.12.1990, as she was engaged as Programmer with effect from October, 1989. 3. In the circumstances, in the opinion of this Court, order refusing regularization of the petitioner on Class-III post of Programmer is not illegal as the same has to be made in the light of her performance in the limited departmental examination. This Court, however, having perused the order dated 19.8.2009, Annexure-13, is of the view that the authorities of the department in consultation with the Finance Department should consider the case of petitioner for payment of total monthly emolument of Rs. 9657/- per month, as is done in Beltron for 2 which departmental authorities have sought advice from the Finance Department of the State Government, should pass appropriate order, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order and if petitioner is not allowed the total emolument of Rs. 9657/- per month then the learned Secretary of the Department shall be obliged to pass a reasoned order indicating reasons as to why petitioner should not be allowed the total emolument of Rs. 9657/ per month. In case the prayer is allowed to pay the petitioner total emolument of Rs. 9657/- per month then the same should be paid with effect from the date, the said amount is paid to the Computer Programmer in the Beltron. 4. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)