IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10486 of 2010 1. Raj Kumar S/O Prakash Chand Gulati R/O Shastri Nagar, P.S.Jehanabad, Distt-Jehanabad 2. Ranjay Kumar S/O Late Ram Lakhan Singh R/O Vill Derha Saiya, P.S.Sako, Distt-Jehanabad 3. Purshottam Narayan Mishra S/O Late Satya Narayan Mishra R/O Dhibra Path, P.S. Jehanabad, Distt-Jehanabad Versus 1. The State Of Bihar Through Its Chief Secretary Old Secretariat, Patna 2. The Secretary, Personnel Department Government Of Bihar, Patna 3. The Secretary, Revenue Department Government Of Bihar, Patna 4. District Magistrate Jehanabad 5. Deputy Development Commissioner-Cum-Member, District Establishment Committee Jehanabad 6. Sub Divisional Officer-Cum-Member, District Establishment Committee Jehanabad 2/ 03/11/2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be daily wage employees in the Collectorate of Jehanabad seeking regularization. Daily wagers hold no post and the question of their regularization does not arise. Even otherwise, regularization can be done of one who is in service as otherwise it becomes a case of fresh recruitment. There is no clear statement in the writ application that the petitioners are still in service in any capacity. The counter affidavit states that some of them applied in response to an advertisement of 1998 while 2 others did not and those who applied were not found fit. It is not possible for this Court to give any directions for regularization of service of a daily wager. If the respondents publish an advertisement and the petitioners applied in response to the same, naturally, they are required to be considered on their own merits in accordance with law when it is expected that matters of age relaxation and weightage for past work experience shall be considered more as a policy by the respondents. The writ application is dismissed. KC ( Navin Sinha, J.)