IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11245 of 1997 1.MD. AZHAR s/o Sri Shekh Mohamman Jan, resident of village/ P.O. Bhabhata Via Narkatiaganj, District West Champaran, presently working as Clerk-cum-Typist in Bhagalpur Engineering College, Bhagalpur. 2.Upendra Narain Singh s/o Late Kishori Prasad residen of village/ P.O. Jion BIgha, District Munger Presently working as Accountant in Bhagalpur Engineering College, Bhagalpur. 3.Amrendra Kumar Tewari s/o Bharat Tiwari resident of village/ P.O. Sabour, District Bhagalpur, presently working as Clerk in Bhagalpur College of Engg. Bhagalpur. 4.Amrendra Kumar Sinha s/o Sri Radheshwari Pd. Sinha, resident of Nayatola Bhikhanpur, Bhagalpur, presently working as Clerk cum Typist in Bhagalpur College of Engineering, Bhagalpur. 5.Surendra Kumar s/o Late Basudeo Kumar, resident of village Dhrubganj, P.O. Kharik Bazar, District Bhagalpur presently working as Clerk (Library) in Bhagalpur College of Engineering, Bhagalpur. Versus 1.STATE OF BIHAR through Secretary, Department of Science and Technology, Vikash Bhawan, Patna. 2.Director Science and Technology, Vikash Bhawan, Patna. 3.Principal, Bhagalpur College of Engineering, Bhagalpur. with CWJC No.11450 of 1997 1.BEDALI HEMBRAM s/o Late Barha Hembram, resident of village Dastdhar, P.O. Nawadih, District Godda. 2.Bimal Deo Mandal s/o Late Lakhu Mandal, resident of village/ P.O. Bahadurpur Distt. Bhagalpur. 3.Baleshwar Rajak s/o Shri Prakash Rajak resident of village/ P.O. Launa, District Munger. 4.Surendra Yadav s/o Late Naresh Prasad Yadav, resident of village Nurpur, P.O. Nath Nagar, District Bhagalpur. 5.Barun Mandal s/o Late Yogi Mandal resident of village/ P.O. Barni, District Bhagalpur. 6.Ashok Kumar Yadav s/o Shri Churaman Yadav, resident of village Ghospur, P.O. Farka District Bhagalpur. 7.Subhas Chandra Singh s/o Sheo Narain Singh, Resident of village/ P.O. Lodipur, District Bhagalpur. Presently all are working as fourth Grade employees in the Bhagalpur College of Engineering Bhagalpur. Versus 1.STATE OF BIHAR through Secretary, Department of Science and Technology, Vikash Bhawan, Patna. 2.Director Science and Technology, Vikash Bhawan, Patna. 3.Principal, Bhagalpur College of Engineering, Bhagalpur. with CWJC No.11451 of 1997 1.VINOD KUMAR SINGH 2.Anirudh Prasad Singh Both sons of Sri Gulab Prasad Sngh. 2 Resident of village- Korian, P.O. Masumganj District- Munger, presently working as Junior Instructor and Jeep Driver respectively in Bhagalpur College of Engineering, Bhagalpur. Versus 1.STATE OF BIHAR through Secretary, Department of Science and Technology, Vikash Bhawan, Patna. 2.Director, Science and Technology, Bihar, Vikash Bhawan, Patna. 3.Principal Bhagalpur College of Engineering, Bhagalpur. ----------- 10 17.8.2010 Heard Mr. Ganesh Prasad Singh, learned counsel for the petitioners in all these three cases and counsel for the State. Mr. Singh at the out set in respect of the following relief in all these writ applications, In C.W.J.C. No.11245 of 1997:- “That this is an application for issuance of a writ in the nature of mandamus or any other appropriate writ or writs and direction commanding the respondents to regularize the services of the petitioner on the posts of Clerk- Cum-Typist, Accountant, Clerk, Clerk-cum-Typist and Clerk (Libray) respectively on which they have been working on fixed monthly daily wages basis continuously for a long time. The further prayer is to issue mandamus to allow equal pay for equal job since 1 Dec. 1994.” In C.W.J.C. No. 11450 of 1997:- “That this is an application for issuance of a writ of mandamus or any other appropriate writ/ writs and direction commanding the respondents to regularize the services of the petitioner who are working as fourth grade employees in the Bhagalpur College of Engineering Bhagalpur for pretty long time either on adhoc appointment or on daily wages. Alternatively the respondents may be directed to give equal pay for equal work to the petitioners as that of regular fourth grade employees at least from 1.12.1994.” In C.W.J.C. No.11451 of 1997:- “That this application is filed for issuing a writ in the nature of mandamus or any 3 other appropriate writ or writ and direction commanding the respondents to regularize the services of the petitioners on the posts of Junior Instructor and Jeep Driver respectively in which they have been working on daily wages basis continuously for a long time. It is further prayed for the issue of mandamus for granting equal pay for equal job as required under Article 39 (a) of the Constitution of India at least from 1.12.1994.” would submit that now when the law on the subject of regularization has some what undergone a radical change in view of judgment of the Constitutional Bench in the case of „Secretary, State of Karnataka Vs. Uma Devi’ reported in 2006 (4) SCC page-1, all that the petitioners would seek a direction for taking a decision in the light of the Government Scheme of regularization contained in the resolution dated 16.3.2006, which has been also made applicable for considering the cases of the persons like the petitioners for regularization/ absorption as is clear from the letter of the Joint Secretary of the Science and Technology Department bearing No. 1813 dated 2.7.2008. Counsel for the State would submit that the aforesaid concept of regularization as introduced by the State Government in its letter dated 2.7.2008 being a policy matter, the claim of the petitioners for their being considered under such scheme can only be gone into strictly in the light of the aforesaid government decision. He has however submitted that he is not aware of the said letter dated 1813 dated 2.7.2008 which does not form part of the records of this case and therefore the matter may be simply referred back to the Science and Technology Department for 4 taking an appropriate decision strictly in accordance with law. Considering the aforementioned submissions on behalf of both the parties, this Court, without expressing any opinion on the merits of such claim of the petitioners for their regularization, would simply direct the Principal Secretary of the Science and Technology Department to take his final decision in the matter in the light of policy contained in letter No.1813 dated 2.7.2008 and its enclosure, Resolution dated 16.8.2006. It is however made clear that the aforesaid alleged policy of regularization being one evolved by the State Government for taking a decision must stand to the scrutiny under Articles 14 and 16 of the Constitution of India. With the aforementioned observations these applications are disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)