IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1252 of 2004 BIPIN KUMAR VERMA & ORS Versus STATE OF BIHAR & ORS ----------- For the petitioners : Mr.Abhay Shankar Singh, Advocate For the respondents : Mr. S.S.Mishra, JC to GA 5 -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---- Dated, the 07th July, 2008. In the order dated 17.12.2003, the following directions came to be issued. “Considering the facts and circumstances of the case and also the facts that the petitioners have continued to work on daily wages for the last 20 years, they should be considered for their regularization in accordance with law keeping in view the fact that some persons either senior or junior to the petitioners shown in the panel have been regularized and as such, the respondent authorities are directed to consider the cases of the petitioners for their regularization on Class IV posts in accordance with law and in case, it is found that some of the juniors, who were engaged subsequent to the petitioners on daily wages have been regularized, the petitioners will also be regularized in the same manner by the authorities concerned. However, this exercise must be completed by the respondents not later than a period of three months from the date of receipt/production of a copy of this order.” 2. In response to the notice, show cause has been shown by the opposite parties wherein the following statements have been - 2 - made: “That in compliance of the order/direction dated 17.12.2003 passed in CWJC No.9630/98 the case of the petitioners was duly considered by the Chief Engineer, Water Resources Department, Samastipur, Respondent no.6 and was found that the contention of the petitioner is not true that the persons junior to the petitioners have been appointed in regular service. Fact is that the seniority list of daily wages workers are not maintained as they are engaged for various nature of work as per requirement and their period of engagement are generally different. In the minutes of the Establishment Committee held on 31.1.98 it has been specifically clarified that the services of only those daily wages workers whose services are essential for smooth functioning of the department may be regularized. (i) The petitioners have not been engaged against any sanctioned post. (ii) No appointment in regular service other than appointment on compassionate ground is made in this department. (iii) At present stage with a view to minimize the establishment cost of this department several posts sanctioned against different Chief Engineers are being abolished in addition to 63 Divisions, 14 Circle, 2 Chief Engineers have already been transferred to Rural Development Department. (iv) In terms of circular issued by the Personnel and Administrative Reforms Department bearing memo no.5940 dated 18.6.1993 if requirement is assessed such appointment can only be made after getting it notified through Employment Exchange along with others in which weightage is to be given to daily wages workers. As and when the department after assessment of requirement will decide to make appointment the petitioner will be at liberty to apply against those vacancies along with others and they will be preferred the benefit of weightage in those appointment. In view of the aforesaid facts as the case of the petitioners were not found within considerable zone hence rejected by a reasoned order vide letter No.2819 dated 02.08.2004. 3. The order dated 02.08.2004 has been annexed with the - 3 - show cause. We are, thus, satisfied that the directions given in the order dated 05/17.12.2003 have been complied with. If the petitioners have any grievance concerning the legality and correctness of the order dated 02.08.2004, the same needs to be challenged in appropriate proceeding. The correctness of the order dated 02.08.2004 cannot be a subject matter of consideration in contempt jurisdiction. 4. The MJC stands disposed of. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil