IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2309 of 2011 Surya Narayan Paswan SON OF MAHABIR PASWAN RESIDENT OF CHILMIL, P.S. BEGUSARAI, DISTRICT BEGUSARAI AT PRESENT WORKING AS CHOWKIDAR IN THE OFFICE OF THE EXECUTIVE ENGINEER, PATH NIRMAN PRAMANDAL, BEGUSARAI. Versus 1. The State Of Bihar THROUGH SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, BIHAR, PATNA. 2. DISTRICT MAGISTRATE, BEGUSARAI. 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER CUM SECRETARY, PATH NIRMAL VIBHAG, BIHAR, PATNA. ----------- 4 22/07/2011 Petitioner is supposed to be working on daily wages right from the year 1984. He has been made to work as a Chowkidar in the office of the Executive Engineer, Road Construction Department, Begusarai. Contention of the learned counsel is that in the background of the decision and declaration made in the case of Uma Devi by the Apex Court, the State of Bihar has issued a circular dated 16.03.2006. This circular is by the Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. Circular in question has been annexed as annexure-1 to the writ application. A detailed guideline has been laid down with regard to the regulrisation/absorption of the person - 2 - working on a post as a daily wager over a long period of time. Contention of the learned counsel for the petitioner is that his case comes within the parameters of the guidelines laid down in annexure-1 as he has been continuously rendering service for more than 240 days over many a years since he was initially engaged but there is no reason why his case ought not to be considered. He further submits that recommendations are there but the stand of the State in the counter affidavit filed on behalf of the District Magistrate is that since the petitioner is not an employee in the district administration, a decision has to be taken at the level of the headquarters, namely, Secretary of the department of Road Construction. Whoever has to take a decision will have to take a decision. If the circular is in place and the petitioner has rendered the service, then a right accrues in his favour, if he establishes otherwise that he fulfills the requirement laid down in annexure-1. This writ application is disposed of with a direction upon the Principal Secretary, Road - 3 - Construction Department, Government of Bihar to take cognizance of the claim of the petitioner in light of annexure-1, if petitioner files a fresh application before him with a copy of this order and communicate his decision on the issue within a period of three months from the date of filing of such an application. This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)