IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3347 OF 2008 1. PRADEEP DAS, SON OF MILAN DAS, RESIDENT OF VILLAGE MASPURA, POST OFFICE BAGADAHA, POLICE STATION BODHGAYA, DISTRICT GAYA 2. PUNDEO YADAV, SON OF KEVAL YADAV, RESIDENT OF VILLAGE GURKU, POST OFFICE AND POLICE STATION GURARU, DISTRICT GAYA 3. MANKI PASWAN, SON OF BAUN PASWAN, RESIDENT OF VILLAGE AND POST OFFICE AHIYAPUR, POLICE STATION KONCH, DISTRICT GAYA 4. RAM SEVAK PASWAN, SON OF RAM BHAJAN PASWAN, RESIDENT OF VILLAGE RAJA BIGHA RAJPUR, POST OFFICE DHARAMSHALA, POLICE STATION PARAIYA, DISTRICT GAYA 5. RAMCHANDRA YADAV, SON OF LATE RAMESHWAR YADAV, RESIDENT OF VILLAGE MORBEY, POST OFFICE GURPA, POLICE STATION FATEHPUR, DISTRICT GAYA ……………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY –CUM- COMMISSIONER, FOREST AND ENVIRONMENT DEPARTMENT, BIHAR, PATNA 3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, BIHAR, PATNA 4. THE FOREST CONSERVATOR, GAYA DIVISION, GAYA 5. THE DIVISIONAL FOREST OFFICER, GAYA DIVISION, GAYA ………………………………………………………………………….RESPONDENTS ********** 2 07/04/2011 The petitioners are claiming that they were appointed on daily wages in the Forest Department between the year 1984 to 1988 as Cattle Guards. A counter affidavit has been filed stating therein that these petitioners were appointed against various schemes of the Forest Department in the Gaya District when plantation was taking place as Cattle Watchers to protect the plants against cattle grazing, digging pits and other plantation activities. It has been stated that there is no post as Cattle Watchers in the Gaya Division. The selection of the posts in the Forest 2 Department is done by the Bihar State Staff Selection Committee as far as it relates to Class-III posts, and as such, the petitioners cannot be absorbed or regularized in the Forest Department. Counsel for the petitioners, on the other hand, produces before this Court letter no. 677 dated 16.06.1984 which provides for a Cattle Guard for every 5 kms. of forest. The strength of the Cattle Watchers will increase in accordance with the area of the forest. On the basis of the aforesaid letter, it is submitted that there is a sanctioned post for Cattle Guards. Besides which, it is the clear submission on behalf of the petitioners that they have been worked for several years continuously and it is false statement on behalf of the State that they were appointed merely for the schemes. In any event, the question of regularization has to be considered in view of paragraph 53 of the order of the Supreme Court rendered in the case of the Secretary, State of Karnataka vs. Uma Devi (III) [(2006) 4 SCC 1], wherein it has been stated that the case for absorption of casual or daily wage workers can be considered if they have worked for ten years and their recruitment was done in a regular manner. I, thus, leave it to the respondents to consider the case of the petitioners for regularization in 3 accordance with the decision of the Secretary, State of Karnataka vs. Uma Devi. This writ application is thus disposed of. Anand ( Sheema Ali Khan, J.)