IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.324 of 2003 KAMALESHWAR MISHRA S/o Sri Kailashpati Mishra resident of Village-Klayanpur, P.S. Bhore, District-Goptalganj. Versus 1.THE STATE OF BIHAR. 2.Director Adult Education and Non formal Education Bihar, Patna. 3.Joint Director Adult Education and None formal Education Bihar, Patna. 4.Distric t Adult Education and None formal Education Bihar, Patna. 5.D.M.Gopalganj. 6.Block Project Officer Bhore, Vijaypur, District Gopalganj. 7.B.D.O. Bhore, District Gopalganj. ----------- 3 10/7/2009 Heard counsel for the petitioner and counsel for the State. Prayer made in this writ application reads as follows:- “That this is an application for a writ in the nature of certiorari quashing the order as contained in Annexure-5 and a writ in the nature of mandamus for directing the Respondents to absorb the petitioner on the post of Instructor, Adult Education and None Formal Education Bihar, Patna; on which post petitioner has worked since 25.7.82 as a daily wages employee, he had worked without break continuously and further for a direction to the Respondents to allow the petitioner to work on the post of Instructor as daily wages till the decision of case regarding his regularization.” Once the real intent of aforementioned prayer is examined, this Court would find that the impugned order as contained Annexure-5 which is under challenge in this case was passed on 27.8.92. This writ application however has been filed on 7.1.2003 and there is no explanation worth the name given by the petitioner for the inordinate delay of almost 11 years, save and 2 except, that the petitioner had filed representation against the impugned order. That apart, there is no denial to this fact that the appointment of the petitioner was made in a temporary scheme under the Non-Formal Education. Such scheme therefore being itself on extended lease of life from year to year, if services of the petitioner came to be terminated in the year 1992 no right can be claimed by the petitioner for their being absorbed in service. Reliance placed by the petitioner on a Division Bench judgment of this Court dated 24th May, 1996 in C.W.J.C. No.5036 of 1992 and its other analogous cases is wholly misconceived. That case was related to Supervisors of Adult Education scheme who after removal from services were absorbed against 771 posts and subsequently their order of absorption was cancelled. Such is not the case of the petitioner. In any event, unexplained delay of 11 years in moving this Court against the impugned order is itself fatal and when learned counsel for the petitioner has also failed to explain as to whether any specific scheme has been framed by the government for absorption of Supervisors in the Non-Formal Scheme, there would hardly be any scope for this Court to interfere either with the impugned order or to issue a direction for absorption of the petitioner especially when such concept of absorption/regularization has been totally deprecated by the Apex Court in the case of Secretary State of Karnataka Vs. Uma Devi, 3 reported in 2006 (4) SCC page 1 This Court on account of delay is also not inclined to issue any direction for payment of salary for the period February, 1992 to August, 1992 during which the petitioner claims to have worked in the Non-Formal Scheme in Bhore Block of Gopalganj district. It, however, goes without saying that if the petitioner had worked in the aforesaid period, the concerned authority upon verifying the fact may make payment of the admitted amount of honorarium which was payable to the Supervisors of Non Formal Scheme as per terms and conditions of engagement of the petitioner. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar (Mihir Kumar Jha, J.)