IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10983 of 1996 1. SHRI DEO NANDAN MISTRY, son of Late RAmdeo Mistry resident of village Masaurhi (Malkana), P O. Masaurhi, (Malkana), P.S.- Masaurhi, District- Patna. 2. Sri Kamlesh Prasad son of Mundrika Prasad, resident of village Dumra Pul Par, P.S. Dhanarua, P. O. Pabhera, District- Patna. 3. Sri Kamlesh Prasad, son of Bhutai Ram, resident of village Charma, P.S. – Masaurhi, District- Patna. 4. Shri Subhash Prasad son of Late Bal Krishna Yadav, resident of village Nauabagh, P.O. Barni, P.S.- Masaurhi, District- Patna. 5. Shri Ram Parvesh Bind, son of Shri Brij Nandan Bind, resident of village Nasiyavan, P. O. Usmanchak, P.S. Masaurhi, District- Patna. 6. Shri Shyam Sunder Prasad, son of sri Ramdeo Prasad Singh, resident of village Milkipur, P.O. and P.S. Ekanger Sarai, District- Nalanda. 7. Shri Nandu Choudhary, son of late Ram Dayal Choudhary, resident of village Devari, P.O.- Bedauli, P.S. Bhagwan Ganj, District- Patna. 8. Shri Surendra Yadav, son of Shri Hardeo Yadav, resident of village Nasarath Pur, P.O. Bandia, P.s. Makhdumpur, District- Jehanabad. 9. Shri Madhesh Prasad son of Shri Mundrika Prasad @ Sri Karu Prasad, resident of village Dumra Pul Par, P.O. Pabkera, P.S. Dhanarua, District Patna. 10. Shri Jaglesh Choudhary son of Sri Shiv Govind Choudhary, resident of village Sakaraicha, P.S. Bakaraicha, P.S.- Phulwari Shariff, District- Patna. 11. Shri Jagdish Mandal son of late Samaru Mandal resident of village Telidi, p.O. Simaria, P.S. Kajrailee, District- Bhagalpur. 12. Sri Binod Kumar Prasad son of Sukhdeo Prasad, resident of Agni, P.O. Mednipur via Nasriganj, District- Rohtas via nasriganj, District Rohtas. 13. Mithlesh Kumar Singh. ….. petitioners. Versus 1. STATE OF BIHAR through the Secretary, Personnel and Administrative Reforms Department Old Secretariat, Patna. 2. The Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Rural Development Department, Vishwasaraia Bhawan, Bailey Road, Patna. 3. The Chief Engineer, Rural Engineering Organization, Vishwasaria Bhawan, Bailey Road, Patna. 4. The Superintending Engineer, Rural Engineering Organization, Circle office, Patna. 5. The Executive Engineer, Rural Engineering organization Works Division, Masaurhi. 6. The Assistant Engineer, Rural Engineering Organization Works Sub- Division, Masaurhi. 2 7. The Assistant Engineer, Rural Engineering Organization Works Sub-division, Punpun. …Respondents. ----------- 7. 20.05.2011 Heard Mr. Shivajee Pandey, learned senior counsel for the petitioners who at the outset has pointed out that during the pendency of this writ application, petitioner nos. 1 and 8 had died. That being so, this writ application would accordingly deem to be abated as against petitioner nos. 1 and 8. Mr. Pandey would further point out that petitioners nos. 2, 3, 4 and 9 are still continuing in service on daily wages and therefore they would be entitled for being considered for their regularization in service in view of the fact that they have continued to serve the department from the year 1986 i.e. for more than 25 years and the respondents are still taking work from them against sanctioned vacant posts. As with regard to rest of the petitioners i.e. petitioner nos. 5, 6, 7, 10, 11, 12 and 13, Mr. Pandey on instruction has submitted that though their services were terminated in 1996 but even 3 subsequently as and when there is requirement for utilization of their service, work is being intermittently taken from them. Considering the fact that the petitioners before passing the impugned order of termination of their service had completed more or less 10 years continuous service, this Court would deem it expedient in the ends of justice to direct the respondents to consider the case of all the petitioners (except petitioner nos. 1 and 8 who have since died) for their regularization in service in the light of judgment of Apex Court in the case of Secretary, State of Karnataka and Ors. vs. Uma Devi (3) and Ors., reported in (2006) 4 SCC 1. Such consideration must be completed by passing a reasoned order within a period of six months from the date of receipt/production of a copy of this order. This writ application is, accordingly, allowed to the extent indicated above. kanchan (Mihir Kumar Jha, J.)