IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2570 of 2008 (1) Shyamji Singh, son of Late Kailash Singh, Mohalla Janakpur (Bhadra Kali Colony, PO Buniyadganj), PS Mufassil, Dist. Gaya. (2) Jitendra Kumar, son of Late Ram Jatan Singh, Mohalla Narain Garh, PO Gaya College, PS Rampur, district Gaya. (3) Munna Kumar, son of Sri Suraj Prasad, Mohalla Gewal Bigha, Munni Masjid, PS Civil Lines, district Gaya. (4) Ravi Kant, son of Sri Bishnu Prasad, Gajipur, PS Magadh Medical College, Gaya. (5) Sanjay Kumar, son of Sri Birendra Prasad Singh, village Mayanagar, PS Udakishunganj, district Madhepura – Petitioners. Vs. (1) The State of Bihar, (2) The Lodging House Committee, Gaya through its Secretary. (3) The Dist. Magistrate, Gaya. (4) The Dist. Magistrate cum Chairman Lodging House Committee, Gaya. (5) The Secretary, Lodging House Committee, Gaya – Respondents. 3 30.3.2011 The petitioners are working as Tax Collectors on daily wages for the Lodging House Committee, Gaya since November, 1987. A prayer has been made on their behalf that they should be regularized against the posts of Tax Collector. The stand of the State is that the Lodging House Committee, Gaya is not a State within the meaning of Article 12 of the Constitution of India. This question has been decided in CWJC No. 8620/2004, disposed of on 3.7.2007 wherein it has been held that Lodging House Committee is State within the meaning of Article 12 of the Constitution. The next question is whether the petitioners are entitled for regularization in view of the fact that they have been working as Tax Collectors on daily wages for a pretty long time. The stand on behalf of the State is that the Lodging House Committee provides sanitation and accommodation to pilgrims who visit Vishnupad Temple for ‘Pind Daan’. It is stated that the 2 Lodging House Committee does not have the financial resources to regularize the services of the petitioners in view of the fact that nearly 70% of the total income of the committee is utilized for payment of salary to various persons working in the committee. The committee is left with 30% of the amount which is reserved for the purpose of providing sanitation, lodging and facilities etc. to the pilgrims. It is, therefore, submitted that the Committee does not have sufficient financial resources to take any further burden by regularizing the services of the petitioners. This court after considering the submissions of both the parties, cannot give any direction that the Committee should regularize the services of the petitioners as they do not have the financial resources of granting them regular salary along with all the benefits that they would necessarily get if they are regularized. However, this court observes that in case the Committee on any future date considers making regular appointment on the posts of Tax Collector, the petitioners’ case ought to be considered. This writ petition is, thus, disposed of. haque ( Sheema Ali Khan, J.)