IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5872 of 2007 1. RAMESH RAI SON OF LATE HAJARI RAI, R/O VILLAGE DHANAUT TEKAI TOLA, P.S. DANAPUR, DISTRICT PATNA. 2. GAUTAM PRASAD, SON OF LATE MUNILAL, R/O SAMASTIPUR CHINI MILL CAMPUS, P.S. SAMASTIPUR, DISTRICT SAMASTIPUR. 3. VINAY KUMAR SINHA, SON OF SHRI RAMESH PD. SINHA, R/O VILLAGE MAHESHPUR, P.S. TEGHRA, DISTRICT BEGUSARAI. Versus 1. THE STATE OF BIHAR 2. THE COMISSIONER CUM SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR. 3. DEPUTY DEVELOPMENT COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, DISTRICT RURAL DEVELOPMENT AGENCY, SAMASTIPUR. 4. DIRECTOR, ACCOUNTS ADMINISTRATION DISTRICT RULAR DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. For the petitioner : M/s Jagnnath Singh, Pramod Kumar Singh, Advocates. For the State : Mr. Anil Kumar Verma, AC to AAG-XII. ---------------- 03. 21.11.2011 Heard learned counsel for the petitioner and Sri A.K. Verma, AC to AAG-13 for the State. 2. This writ petition has been filed on 3.5.2007 assailing the order bearing Memo No.2532 dated 19.03.2007, Annexure-6 whereunder request of the petitioner for regularization of petitioner no.1 as Roller Driver, petitioner no.2 as Jeep Driver petitioner no.3 as Gypsy Driver has been considered and rejected on the ground that they have not completed 240 days in the preceding five years with effect from 11.12.1990, as such, are not entitled for 2 regularization in the light of the Government instruction contained in resolution no.637 dated 16.03.2006. It is not in dispute that petitioner no.1 was engaged to serve as Roller Driver with effect from 21.04.1988 and petitioner nos.2 and 3 were engaged to serve as Jeep, Gypsy Driver with effect from 10.10.1996 and 1.12.1999 and from the date of their engagement till the date of filing of the writ petition they continued to serve as Roller, Jeep, Gypsy Driver in the office of District Rural Development Agency, Samastipur. Petitioners may not have completed 240 days of engagement in the preceding five years with effect from the cut off date but there does not appear to be any dispute that they have been serving in the office of the District Rural Development Agency, Samastipur with effect from 21.04.1988, 10.10.1996 and 1.12.1999 and their case is required to be considered for appointment on Class-IV post in the light of circular of the Personnel and Administrative Reforms Department of the State Government bearing No.16441 dated 3.12.1980 and circular clarifying the same issued by the Board of 3 Revenue bearing Memo No.452/84 dated 26.05.1987 and another circular letter of the Personnel Department bearing letter no.3577 dated 25.04.1997 which has not been taken into account while rejecting the case of the petitioners for regularization under order bearing Memo No.2532 dated 19.03.2007, Annexure-6 which is, accordingly, quashed with direction to the Deputy Development Commissioner, Samastipur to forward the name of the petitioners with the date of their engagement as Roller, Jeep, Gipsy Driver to the Collector, Samastipur for including them in the panel with reference to the date of their engagement so that they may be considered for appointment against Class-IV post in the Collectorate, attached offices, offices of the other line departments situate within the district of Samastipur as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 3. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.) 4