IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7970 of 1997 1.VIJAY KUMAR VERMA s/o Late Parmeshwar Dayal, resident of village & P.O. Moratalab P.S. Moratalab District Nalanda. 2.Sudhansu Sekhar Sinha s/o Sri Chandra Mauleshwar Prasad, resident of village Nahata, P.O. Ramrath, P.S. Jamui District Jamui. 3.Satyendra Narain Singh s/o Sri Kamta Prasad Singh resident of village Sultanpur East p.S. Mohaddinagar, Dist. Samastipur. 4.Namonath Jha s/o Sri Jagarnath Jha, resident of village and P.O. Bhojpath P.S. Sarai District Vaishali. 5.Sunil Kumar s/o Sri Nawal Kishore Singh, At & P.O. & P.S. Bakhtiyarpur, District Patna. 6.Binod Kumar Singh s/o Jageshwar Singh, resident of P.O. & Village Bistaul, P.S.+Dist. Jehanabad. Versus 1.THE STATE OF BIHAR 2.The Health Commissioner cum Secretary, Health Medical Education and Family Welfare, Bihar, New Secretariat, Patna. 3.The Additional Commissioner cum Special Secretary, Department of Health, Bihar, New Secretariat, Patna. 4.The Director in Chief, Health Services, New Secretariat, Bihar, Patna. 5.The Administrative Officer, Health Department, New Secretariat, Patna. ----------- 8 20.7.2010 No one appears for the petitioners. Prayer of the petitioners in this writ application reads as follows:- “(i)Issuance of a writ in the nature of writ of mandamus commanding the respondents to make the services of the petitioners regular as they have been working uninterruptedly for the last 10 to 11 years on daily wages in the Health Department. (ii)Issuance of a writ in the nature of writ of mandamus commanding the respondents to give the petitioners salary and allowances including other benefits at par with the regular employees in accordance with the principle of Equal Work and Equal Pay from the date of their initial appointment.” 2 With reference to the aforementioned relief the respondents have filed their counter affidavit, wherein stand has been taken that as per prevailing government policy the petitioners did not qualify for regularization on account of cut off date being 1.8.1985. It has also been explained that there is no vacant sanctioned post of Steno Typist and Clerk in the department for which regularization was possible. The plea taken by the respondents in paragraph nos. 7 and 8 reading as follows, “That it is humbly submitted that all the petitioners have been appointed as a daily wage worker after dated 1.8.1985 except petitioner no.6 Sri Binod Kumar Singh. According to the resolution (SANKALP) Memo No.5940 dated 18.6.1993 issued by the Personnel and Administrative Reforms Department, Bihar, Patna, daily wage employees will have been regularized, who have worked 240 days before 1.8.1985. Sri Binod Kumar Singh has been appointed as a daily wage worker on dated 18.4.1985. So he has not also completed 240 days according to said resolution. So the claims of the petitioner including Sri Binod Kumar Singh have not been justified in the eye of law and policy of the State Government. So that claim of petitioners denied. That it is pertinent to say here that the statement of the petitioner is not based on facts. Facts is that there is no vacant post of Steno Typist and Clerk in the Department. Now the appointment of Steno Typist and Typist is done in the recommendation of Bihar Public Service Commission, There are two posts of typist exist in the department and against these post, three persons are working on daily wages. They are appointed after 1.8.1985.” in fact, would negate the concept of regularization sought by the petitioners. Such regularization in fact has also been deprecated by the Apex Court in the case of ‘Secretary, State of Karnataka Vs. Uma Devi’, reported in 2006 (4) SCC page-1. 3 That being so, this Court would not find any merit in this application and the same is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)