IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17410 of 2009 1. CHANDESHWARI RAM S/O LATE GHUTAR RAM R/O VILL.- KHAKHIA, P.S.- KISHANPUR, DISTT.- SUPAUL 2. SURESH PRASAD YADAV S/O SIYA RAM YADAV R/O VILL.- GAURABGARH, WARD NO.6, P.S. AND DISTT.- SUPAUL 3. SURENDRA HANSDA S/O SUKHDEO HANSDA R/O VILL.- NAYA TOLA, KARANPUR, P.S. & DISTT.- SUPAUL 4. LUXMAN THAKUR S/O SATYA NARAIN THAKUR R/O VILL.- BAIJNATHPUR, P.S. & DISTT.- SUPAUL 5. SHIVAKANT YADAV S/O YUGESHWAR PRASAD YADAV R/O VILL.- BAINANI CHAKALA, WARD NO.12, P.S. & DISTT.- SUPAUL 6. ASHARFI MUKHIYA S/O LAKHAN MUKHIYA R/O VILL.- KADAMPURA, P.S.- KISHANPUR, DISTT.- SUPAUL 7. RAMCHANDRA YADAV S/O BAHILAL YADAV R/O VILL.- KHAKHIEE, P.S.- KISHANPUR, DISTT.- SUPAUL 8. RAMANAND PASWAN S/O SITA RAM PASWAN R/O VILL.- CHAKALA NIRMALI, WARD NO.-6, P.S. & DISTT.- SUPAUL 9. MAGAN YADAV S/O BHAILAL YADAV R/O VILL.- KHAKHAIEE, P.S.- KISHANPUR, DISTT.- SUPAUL Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY BIHAR, PATNA 2. THE DISTRICT MAGISTRATE SUPAUL 3. THE CHIEF MEDICAL OFFICER - CUM - CIVIL SURGEON SUPAUL 4. SUB-DIVISIONAL OFFICER SUPAUL ----------- 2. 17.2.2010 Heard learned counsel for the petitioners and the State. The petitioners claim to be working as a Peon on daily wages in the Collectorate at Supaul from 1998. A daily wagers hold no post and the question of his regularization/absorption even on long continuance does not arise. If an advertisement was published in the year 2000 and a panel prepared for such appointment, no direction can be given for any appointment from such a 2 panel in the year 2009 as a panel ordinarily has a life of one year only and keeping alive such panel beyond the period of one year is in violation of Article 14 of the Constitution of India as it shuts out from consideration those who become eligible thereafter. The respondents thereafter obviously cannot make appointment/absorption from a panel created in the year, 2000. If there are sanctioned vacant posts in the Collectorate and without filling them up persons are being appointed on daily wages against such sanctioned vacant post, such an act clearly amounts to a fraud on the Constitution as it is well known that such daily wage appointments are made for various reasons and considerations and continuance in like manner which has already been noticed by the Supreme Court in A.I.R. (1992) 4 SC 99, Paragraph 23 of which reads as follows:- “23. ………….The Courts can take judicial notice of the fact that such employment is sought and given directly for various illegal considerations including money…………..” This Court, therefore, disposes this writ application with directions to the respondents to fill up the vacant sanctioned posts in the Supaul Collectorate within a maximum period of one year. If the petitioner applies in response to the same also, he is required to be considered in accordance with law. If the appointments on sanctioned 3 vacant posts are not completed within a period of one year, all daily wage appointments in the Supaul Collectorate against sanctioned vacant posts shall cease, the responsibility for which shall lie with the authorities themselves for having created this piquant situation. The writ application stands disposed. P. Kumar (Navin Sinha, J.)