IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3424 of 2007 NEJAR AHMAD, SON OF MD. NOOR ISLAM, RESIDENT OF VILLAGE BARARI, P.O. GURU BAZAR, P.S. BARARI, DISTIRCT KATIHAR, JEEP DRIVER IN THE OFFICE OF THE CIRCLE OFFICER, BARARI, KATIHAR. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, KATIHAR. 3. THE DEPUTY COLLECTOR, NAZARAT, KATIHAR. 4. THE CIRCLE OFFICER, KOHRA, DIST. KATIHAR. 5. THE CIRCLE OFFICER, BARARI, KATIHAR. ---------------------------------- 02. 15.09.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was engaged to serve as a driver in the office attached to the Collectorate, Katihar. Such fact is evident from letter no.589 dated 8.5.1989 issued by the Deputy Collector Incharge, Najarat, Katihar to the Circle Officer, Kohra, which is contained in Annexure-1 to this application. It is submitted on behalf of the petitioner that from 17.06.1987 till the date of filing of the writ petition he continued to discharge the duty of a driver in the different offices attached to the Collectorate, Katihar but his engagement could not be regularized as he was engaged to discharge the duties of the driver on 17.06.1987 after the cut off date i.e. 1.8.1985. The cut off date having been extended under resolution of the Government dated 10.5.2005 from 1.8.1985 to 2 11.12.1990 case of the petitioner is required to be considered for regularization but instead of considering his regularization engagement of the petitioner was dispensed with after filing of the writ petition. In this connection, it is also pointed out with reference to the certificate bearing letter no.39 dated 6.1.2005, Annexure-5 issued by the Circle Officer, Barari that the arrears of wages has not been paid to the petitioner. 3. Aforesaid two submissions has not been disputed in the counter affidavit filed on behalf of respondent nos.2, 3, whereunder instructions of the State Government bearing Memo No.15341 dated 3.6.2006 has been annexed, wherefrom it appears that persons engaged to serve as daily wager after the extended cut off date i.e. 11.12.1990 were asked to be disengaged. Petitioner having been engaged prior to the cut off date and such fact having not been disputed in the counter affidavit, I have no option but to direct the Collector, Katihar to engage the petitioner as and when situation so requires to serve either as a Class-IV employee or as a Driver as per 3 the exigencies of the requirement until his case is considered for appointment/regularization on the Class-IV post or on the pose of Driver in the Collectorate, Katihar/attached offices. 4. In the counter affidavit the State respondents have not disputed the correctness of the statement made in letter no.39 dated 6.1.2005, Annexure-5 of the Circle Officer, Barari addressed to the Establishment Deputy Collector, Katihar informing the Establishment Deputy Collector that arrears of wages is due to the petitioner from May, 2004. Let the Collector, Katihar verify whether any arrears of wages is due to the petitioner from May, 2004 and if any amount is found due, the said amount should also be paid to the petitioner as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Collector, Katihar. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)