IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.357 of 2009 SURESH PRASAD YADAV . Versus THE STATE OF BIHAR & ORS . ----------- 3/ 23/06/2011 Heard learned counsel for the petitioner. The claim is one for regularization by a daily wager rejected by the impugned order dated 22.7.2008. In view of the law having been settled that a daily wager holds no post and therefore is not entitled to be considered even for regularization after completion of 10 years of service, Leave is sought to withdraw the application. The application is dismissed as withdrawn. Since this Court has not found any merit in this application any fresh order passed by the authorities in a proposed representation shall not furnish a fresh cause of action to the petitioner to approach this Court again. However, if the petitioner approaches the authorities and satisfies them that he was appointed on daily wage against a vacant sanctioned post and has worked for more than ten years, considering the law laid down in (2010) 9 SCC 247 (STATE OF KARNATAKA AND OTHERS Versus M.L. KESARI AND OTHERS) the Court expects the State to act fairly and reasonably in the matter considering the enunciation of law by the 2 Supreme Court. The application is dismissed. KC ( Navin Sinha, J.)