IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2159 of 2010 DEO NARAYAN SINGH, SON OF LATE SHITAL PRASAD SINGH, A RESIDENT OF VILLAGE- PAIKPAR, POLICE STATION- BHARGAMA, DISTRICT- ARARIA :--PETITIONER. Versus 1. THE STATE OF BIHAR. 1. SRI AMIT SUBHANI, THE SECRETARY PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. SRI RAJESH BHUSHAN, THE STATE PROJECT DIRECTOR, BIHAR EDUCATION PROJECT BOARD, ADDITIONAL INCHARGE SECRETARY INFORMATION AND PUBLIC INFORMATION DEPARTMENT GOVERNMENT OF BIHAR, PATNA :--- OPPOSITE PARTIES/CONTEMNORS. ----------- 3. 13.04.2011. In compliance of the order of the High Court dated 20.08.2009 passed in C.W.J.C.No. 10164 of 2009, Annexure-1 the Committee of the three Secretaries of the State Government has passed order dated 26.11.2009 in Misc. Case No. 222 of 2007, Annexure-B to the show-cause, whereunder request of the petitioner for regularization on Class-IV post has been rejected holding that his appointment by the Executive Engineer in the Muster Roll was not against sanctioned Class-IV post, as such, he is not entitled for regularization in the light of the judgment of the Hon’ble Supreme Court in the case of Uma Devi, reported in (2006) 4 SCC 1, paragraphs 45 and 53. 2. Counsel for the petitioner, however, challenge the said order on the 2 ground that from perusal of the counter affidavit filed in C.W.J.C.No. 10164 of 2009 itself it will appear that the petitioner was appointed by the Executive Engineer in the light of the direction of the Joint Secretary of the Cabinet Secretariat as contained in Memo No. 1645 dated 16.09.1985 on a sanctioned Class-IV post. 3. Let the petitioner challenge the order dated 26.11.2009, Annexure-B to the show-cause on the aforesaid ground by filing another writ petition. With the aforesaid observation the contempt application is disposed of. P.K.P. ( V.N.Sinha, J.)