IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1496 of 2009 Basudeo Bhagat . Versus The State Of Bihar & Ors . ----------- 2. 01.07.2011 Heard learned counsel for the petitioner and the State. The petitioner is stated to have been appointed as a Peon on a vacant sanctioned post of the regular establishment but in an ad hoc capacity on 31.12.1979. He claims regularization on basis of having completed more than 10 years of service in that capacity. The counter affidavit does not deny that he was appointed on a regular sanctioned vacant post and has been working for over 10 years. Paragraph-16 of the counter affidavit acknowledges that his case for regularization is under active consideration. The consideration by the respondents has necessarily to be in terms of the judgment of the Supreme Court in (2010) 9 SCC 247 (State of Karnataka & Ors. Vs. M. L. Kesari & Ors.) dealt at Paragraph-7 as follows:- “7. It is evident from the above that there is an exception to the general principles against “regularization’ enunciated in Umadevi (3), if the following conditions are fulfilled:- (i) The employee concerned should have worked for 10 years or more in duly sanctioned post without the benefit or protection of the interim order of any court or tribunal. In other words, the State Government or its instrumentality should have employed 2 the employee and continued him in service voluntarily and continuously for more than ten years. (ii) The appointment of such employee should not be illegal, even if irregular. Where the appointments are not made or continued against sanctioned posts or where the persons appointed do not possess the prescribed minimum qualifications, the appointments will be considered to be illegal. But where the person employed possessed the prescribed qualifications and was working against sanctioned posts, but had been selected without undergoing the process of open competitive selection, such appointments are considered to be irregular.” Let such consideration be done in accordance with law and final decision taken within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)