IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9279 of 2009 1. MD.SALIMUDDIN, SON OF LATE NASEERUDDIN, RESIDENT OF MOHALLA-KHALILPURA, P.S.- DANAPUR, DISTRICT- PATNA. 2. SHYAM NANDAN PRASAD GUPTA, SON OF LATE CHHATHU SAH, RESIDENT OF VILLAGE-DHIKRA, P.S.- PHULWARISHARIF,DISTRICT-PATNA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF ART, CULTURE AND YOUTH, BIHAR, PATNA. 3. THE DEPUTY SECRETARY, DEPARTMENT OF ART, CULTURE AND YOUTH, BIHAR, PATNA. 4. THE DIRECTOR, DIRECTORATE OF ARCHEOLOGY, BIHAR, PATNA. ... ... RESPONDENTS. ----------- For the Petitioners : Mrs. Anju Jha,Adv. For the State : S.C.X. ----------- 2. 6.8.2009. Petitioners are aggrieved by the order of the Deputy Secretary in the Art, Culture and Youth Department of the State Government bearing Memo No.301 dated 29.10.2008 where under their prayer for regularization has been rejected stating that they have not completed 240 days for 5 years before the cut off date i.e. 11.12.2009 as they were engaged in 1988. It is submitted on behalf of the petitioners that petitioners may not have completed 240 days each year continuously for five years, but the fact remains that they have continued in engagement until 2003 i.e. for 15 years and in appreciation of such - 2 - N.H./ continuation, their services are required to be regularized in the light of the resolution of the State Government bearing No.489 dated 10.5.2005 which only requires that until the cut off date i.e. 11.12.1990 the employee should continue for more than 240 days. It is submitted that in the said resolution of the Government, there is no requirement to continue in engagement for 240 days in each of the five years prior to the cut off date. Having heard learned counsel for the petitioner and the State, I direct the State respondents to consider the claim of the petitioner for regularization in the light of the circular of the State Government dated 10.5.2005 in accordance with law as early as possible in any case within two months from the date of receipt/production of a copy of this order. This application is, accordingly, disposed of. ( V.N. Sinha,J.)