IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5692 of 2007 DINESH SHARMA, SON OF SHREE JAGROOP SHARMA, RESIDENT OF VILLAGE BARAUNI-1, POLICE STATION TEGHRA, DISTRICT BEGUSARAI. Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER CUM SECRETARY, REVENUE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE COLLECTOR CUM DISTRICT MAGISTRATE, BEGUSARAI, DISTRICT BEGUSARAI. 4. THE SUB DIVISIONAL OFFIER, TEGHRA, DISTRICT BEGUSARAI. For the petitioner : M/s Vishwambhar Prasad, Advocate. For the State : Mr. Dhananjay Kumar, AC to GP-16 ---------------------------------- 04. 21.11.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was engaged as Driver on daily wage basis in the office of Sub-Divisional Officer, Teghra. He is aggrieved by the order bearing Memo No.482 dated 7.2.2007, Annexure-3 whereunder he has been disengaged and another peon brought to the office of the Sub-Divisional Officer, Teghra from Bachhwara on deputation has been asked to discharge the duties of Driver. Disengagement of a daily wage earner cannot be questioned as it is always the liberty of the employer to disengage the daily wage employee. Petitioner however, is required to be empanelled in the light of the instruction of the Government contained in 2 circular letters dated 3.12.1980, 26.5.1987 and 25.4.1997 and should wait for his turn for appointment against Class IV post. This order shall however, not preclude the respondents from granting fresh engagement to the petitioner. 3. Application stands disposed of. Rajesh/ ( V. N. Sinha, J.)