IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2947 of 2007 Swasti Nath Jha, SON OF SHRI RAM KHELAWAN JHA, RESIDENT OF VILLAGE- MAHRAIL, P.S.- ANDHRA THARHI, DISTRICT- MADHUBANI :---PETITIONER. Versus 1. The Stae Of Biahr THROUGH THE SECRETARY, DEPARTMENT OF FOREST AND ENVIRONMENT, SICHAI BHAWAN, PATNA. 2. CONSERVATOR OF FORESTS, FOREST EXTENSION CIRCLE (PRASAAR VANIKI), MUZAFFARPUR. 3. DIVISIONAL FOREST OFFICER, MITHILA FOREST DIVISION, DARBHANGA. 4. REGIONAL OFFICER OF FORESTS, JHANJHARPUR :--- RESPONDENTS. ---------------------------------- 2. 09.09.2011. Heard learned counsel for the petitioner and the State. 2. This writ petition has been filed praying, inter alia, to direct the State-respondents to include the name of the petitioner in the list which is meant for regularization of the daily-wage workers. In this connection it is pointed out that petitioner was engaged to discharge Class-IV duties with effect from 2.2.1984. Earlier when the authorities did not consider the case of the petitioner for regularization petitioner filed C.W.J.C.No. 4904 of 1991 which was disposed of under orders dated 24.1.1992, Annexure-1, directing the petitioner to file a representation before Respondent No. 7 with further direction to Respondent No. 7 to consider the case of the petitioner for regularization. In compliance of the order of the High Court representation of the 2 petitioner was considered by the Conservator of Forest under Memo No. 446 dated 2.5.1992, Annexure-5 stating that case of the petitioner for regularization shall be considered in future as and when sanctioned post is available. Even after issue of the order dated 2.5.1992 petitioner continued to serve as Plant Protector (Pashu Rakshak) in Gandharain Nursery within Jhanjharpur forest area. According to the petitioner his daily wage engagement continued until 31.3.2001 but such fact is being disputed in the counter affidavit as according to the counter affidavit petitioner continued to serve as daily-wage Class-IV worker until the year 2000. Later the Divisional Forest Officer, Mithila Forest Division, Darbhanga under Letter No. 2153 dated 16.11.2006, Annexure-9 informed the petitioner that his case for regularization cannot be considered as his engagement is not against sanctioned post. 3. By filing present writ petition in effect petitioner has challenged the aforesaid instruction of the Divisional Forest Officer, Mithila Forest Division, Darbhanga contained in Letter No. 2153 dated 16.11.2006, Annexure-9. 4. It appears, in compliance of the order of 3 the Division Bench dated 24.1.1992 passed in C.W.J.C. No. 4904 of 1991, Annexure-1 the Conservator of Forest considered the case of the petitioner under Memo No. 446 dated 02.05.1992, Annexure-5 and directed the Divisional Forest Officer, Mithila Forest Division Extension Area that the case of the petitioner for regularization shall be considered as and when sanctioned post is available. While passing the order dated 02.5.1992, Annexure-5 the Conservator of Forest, Muzaffarpur was aware that petitioner is serving as a daily-wage worker against a non-sanctioned post from 1984 yet instruction was issued that the case of the petitioner for regularization shall be considered as and when the sanctioned post is available. In the light of the instruction of the Conservator of Forest contained in letter dated 2.5.1992, Annexure-5 petitioner continued as daily-wage Class-IV worker until 31.3.2001/2000. 5. It is thus quite evident that petitioner has served the authorities of the Mithila Forest Area for about 16 years on the stipulation made by the authorities themselves that as and when sanctioned vacancy shall be available, his case for regularization shall be considered. 4 6. In view of the aforesaid fact, in my opinion, the instruction bearing letter no. 2153 dated 16.11.2006, Annexure-9 of the Divisional Forest Officer, Mithila Forest Division, Darbhanga not to include the name of the petitioner in the list of those who are likely to be regularized in future is wholly arbitrary and is quashed with direction to the Divisional Forest Officer, Mithila Forest Division, Darbhanga to include the name of the petitioner in the list of those who are to be regularized against the sanctioned vacancies in future. Name of the petitioner should be included taking into account his initial date of engagement i.e. 2.2.1984. 7. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)