IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2294 OF 2007 RAJESH PRATAP, S/O SRI LALLU SINGH, RESIDENT OF VILLAGE-SAHABAD, P.O.- BAHADURGANJ, P.S. KATARISARAI, DISTRICT- NALANDA. ………PETITIONER versus 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NALANDA. 3.THE DIRECTOR, NATIONAL EMPLOYMENT PROGRAMME, NALANDA. 4.THE CIVIL SURGEON-CUM-MEDICAL OFFICER- CUM- SECRETARY, DISTRICT HEALTH COMMITTEE, NALANDA. COMMISSIONER, PATNA DIVISION, PATNA. ………..RESPONDENTS ----------- 02/ 02.08.2011 No one appears for the petitioner. Counsel for the State is present. The petitioner with regard to the following relief:- “a.Whether, this petitioner is entitled to be regularized/absorbed into the payment cadre of post which is sanctioned post and is vacant to be filled up by the respondents? b.Whether, right to work/employment can be claimed to be a fundamental right by the person, who is already employed to the post/office under the respondent no.4? c.Whether income is the foundation of many fundamental rights and works of an unemployment person being the sole source of livelihood because as fundamental as right to life? d.Whether, the fact is that this petitioner has worked for the respondents continuously for so many ‘240 days’ has any impact on the question of regularization/absorption of this petitioner in permanent cadre? 2 e.Whether, this petition is entitled to receive his arrears of his salary which has not been cleared to this petitioner from the date of joining to up till now? has suppressed the fact that he was engaged on daily wages under special scheme and that he himself had given in writing that he does not want to perform his duty on the post of driver. Since a copy of the counter affidavit was also served on the counsel for the petitioner and there is no representation on his part nor there is any denial to the aforementioned facts asserted in the counter affidavit, this court must hold that this writ application is wholly misconceived. That being so, this application has no merit and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)