IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18664 of 2009 UMA KANT SINGH, SON OF LATE SONU SINGH, CHOWKIDAR MINOR IRRIGATION SUB- DIVISION, NAUGACHHIA, P.S. NAUGACHHIA, DISTRICT BHAGALPUR RETIRED CHAUKIDAR, MINOR IRRIGATION SUB-DIVISION, NAUGACHHIA, DISTRICT BHAGALPUR --- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. SECRETARY, MINOR IRRIGATION DEPARTMENT, BIHAR, PATNA. 3. CHIEF ENGINEER, MINOR IRRIGATION, BHAGALPUR. 4. SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, BHAGALPUR 5. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, BHAGALPUR 6. ASSISTANT ENGINEER, MINOR IRRIGATION SUB-DIVISION, NAUGACHHIA, DISTRICT BHAGALPUR. --- RESPONDENTS For the State :- Mr. Ram Chandra Prasad Bharti, S.C. 14 Mr. Ajay Kumar, A.C. to S.C. 14 ----------- 2 16.4.2010 Heard the parties. The petitioner was working as a Chowkidar in the Minor Irrigation Department from 1.8.1979 to 31.7.2003 in the Work Charge Establishment. The case of the petitioner is that in the year 1990 there was a notification by the State Government for regularization of all those persons in the Work Charge Establishment who had been appointed prior to 1984. The petitioner made an application much before his retirement for regularization in accordance with the notification of the State Government issued in 1990. Eventually the petitioner moved this Court by filing several writ applications and on each occasion he was asked to make representation before the authorities concerned for consideration of his case. His case remained unconsidered. The petitioner thereafter filed CWJC No. 11087 of 2006 which was disposed of by a common order passed in CWJC No. 6504 of 2000 referring the matter to the respondents to consider the case of the petitioner in terms of the Uma Devi’s case. The matter remained pending and as such the petitioner filed a contempt 2 application numbered as M.J.C. No. 570 of 2008 which was disposed of on 1.9.2009 wherein it has been mentioned that the three member Committee has considered the case of the petitioner and has rejected his claim by order dated 29.7.2009. The petitioner has challenged the order dated 29.7.2009 on the ground that although the Committee has recognized the fact that the petitioner had worked since 1979 until the date he retired and was duly appointed by a competent authority, has rejected the case on the basis of the fact that there were no sanctioned posts and as such the petitioner is not entitled for regularization of his services. Considering the stand of the Committee that posts were not available, this Court cannot hold that the petitioner would be entitled for regularization and is entitled to the benefits thereof, if the appointment was made on the posts which were not sanctioned by the State Government. In the result, this application is dismissed. Sanjay (Sheema Ali Khan, J.)