IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1077 of 2010 Rajesh Prasad, S/O Raghunandan Prasad, R/O Village - Paharpur, P.S - Biharsharif, District - Nalanda. --- Petitioner. Versus 1. The State of Bihar. 2. Dharamdeo Chaudhary, S/O Name not known, At present posted as Rural Engineering Organization, Nirman Bhawan, Baily Road, Patna. 3. Chandra Bhushan Prasad Singh, S/O Name not known, at present posted as Superintending Engineer Rural Engineering Organization, Circle Office, Patna. 4. Satyendra Kumar Sinha, S/O Name not known, Executive Engineer Rural Engineering Organization, Works Division, Biharsharif, Nalanda. 5. , the District Magistrate, Nalanda. ----------- 7. 6.5.2011 Heard learned counsel for the petitioner, and learned Assistant Counsel to Additional Advocate General No.6. The petitioner of C.W.J.C. No.1594 of 2009, has preferred this application under Article 215 of the Constitution of India, read with Sections 12 and 14 of the Contempt of Court’s Act, alleging disobedience of the order dated 2.2.2009, whereby the concerned authorities were directed to consider the petitioner’s case of regularization in terms of the judgment noted therein. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the petitioner claims to be working on daily wages in the Department of Public 2 Heath Engineering, Government of Bihar. His services were dispensed with leading to the aforesaid order dated 2.2.2009, whereby the concerned authorities were directed to consider the petitioner’s case for regularization in accordance with the judgment noted therein. The contemners have placed on record their show-cause wherein it is stated that the order has been complied with. Paragraph 7 of the show-cause is reproduced hereinbelow: “7. That the answering opposite party herein most respectfully submits that subsequently in light of the Hon’ble High Court’s order dated 02.02.2009 passed in C.W.J.C. No.1594 of 2009, the petitioner’s case was duly considered in accordance with law and after careful examination of the petitioner’s case, it was found that regularization of the daily wages employee can be made only against the available vacancy for the post in the concerned department/office. But from the Order No.67 dated 20.06.2005 passed by the Secretary, Rural Engineering Organisation (Now Rural Works Department) vide Memo No. 2220 dated 20.6.2005; it appears that no such vacancy is existing in the concerned circle.” It appears to us that the petitioner’s case has been considered by the concerned authorities, and he could not be regularized because of lack of permanent vacancy. It thus appears to us that the order of this Court 3 has been complied with. We do not feel necessity of pursuing this matter any further. This application is accordingly disposed of. Vinay/ ( S. K. Katriar,J. )