IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5401 of 1996 1. Sinchai Kamgar Union, Chief Engineer Zone, Siwan through its Zonal Secretary Suresh Kumar Sharma. 2. Ram Naresh Yadav, son of Sri Ram Shringar Chaudhary, resident of Village-Nawada, P.S. Pachrukhi, District-Siwan. 3. Nagina Chaudhary, son of Sri Ram Shringar Chaudhary, resident of Village-Nawada, P.S. Pachrukhi, District-Siwan. 4. Subas Sah, son of Sri Raj Mangal Sah, resident of Village Tali Mathia, P.S. Bankata, District-Deoaria (U.P.) 5. Banne @ Banne Mian, son of Sri Abdul Rashid, resident of Village-Chhawni, P.S. Padrauna, District –Padrauna (U.P.) 6. Megnath Sah, son of Sri Manshilal Sah, resident of Village-Laganpura, P.S. Parsa, District- Saran. 7. Sushil Kumar, son of Sri Algu Sah, resident of Village- Jasauli, P.S. Pachrukhi, District-Siwan, petitioners 2 to 7 are presently working in different divisions as Jeep Driver in Flood Control Division, Madhubani Camp Padrauna, under the project-Piprasi Pipraghat Embankment (Petitioners 2, 3 and 7 in division no.1 while petitioners nos. 4, 5 and 6 in Division no.3) -------- Petitioners. Versus 1. The State of Bihar through its Commissioner-cum- Secretary, Water Resources Department, Bihar, Patna. 2. The Commissioner-cum-Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. Chief Engineer, Water Resources Department (Irrigation), Siwan. 4. Superintending Engineer, Flood Control Circle, Padrauna. 5. Executive Engineer Flood Control Division No.1 Madhubani, Camp Padrauna 6. Executive Engineer, Flood Control Division No.3, Madhubani, camp-Padrauna 7. Sub-Divisional Officer, Flood Control, Sub-Division, Madhubani, Padrauna, Camp. 8. Sub-divisional Officer, Flood Control Sub-division No.1, Samarbari ----- Respondents. ----------- 14. 17.9.2010 Heard learned counsel for the petitioners, and Mr. Rajesh Kumar, learned Assistant Counsel to Additional Advocate General No.6. Six petitioners have joined this writ 2 petition for a common direction to the Bihar Government to restore them in service, and to regularize their services. The respondents have placed on record their counter affidavits as well as supplementary counter affidavits. We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioners were Class IV employees of the Bihar Government. The petitioners claim to have worked for short periods as Class IV employees of the Bihar Government on daily wages. The State Government took steps to make permanent arrangement and six persons were substantively appointed as per the prescribed procedure. The petitioners had to give way to the regular employees. The petitioners have, therefore, no case for regularization of the service. Furthermore, the writ petition suffers from fatal error -the six persons so substantively appointed have not been impleaded as party respondents. We, therefore, do not find any merit in this writ petition. It is accordingly dismissed. Vinay/ ( S. K. Katriar,J. ) (Birendra Prasad Verma, J.)