IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18137 of 2009 1. NAGINA PASWAN S/O DAMODAR PASWAN R/O VILL.- SIYANI, P.S.- KARANDEY, DISTT.- SHEIKHPURA Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA 3. THE SECRETARY, DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, BIHAR, PATNA 4. THE PROJECT DIRECTOR, BIHAR EDUCATION PROJECT COUNCIL, BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, SHEIKHPURA, DISTT.- SHEIKHPURA 6. THE SUPERINTENDENT OF POLICE, SHEIKHPURA 7. THE OFFICER INCHARGE, KARANDEY P.S.- DISTT.- SHEIKHPURA 8. THE ANCHAL ADHIKARI, ARIYARI, DISTT.- SHEIKHPURA 9. THE S.D.O., SHEIKHPURA, DISTT.- SHEIKHPURA ----------- 2. 16.03.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner came to this Court earlier in CWJC No. 15278 of 2005 with a claim for regularization which came to be referred to a three man committee in light of observations in Para 53 of the judgment of Secretary, State of Karnataka Vs Uma Devi (2004) 6 SCC 1. The three man committee has rejected his claim. Learned Counsel for the petitioner submits that the impugned order is not that of the committee as the third member did not participate in the deliberation but only recorded his concurrence subsequently. Para 53 of the judgment in the case of Uma Devi (Supra) while observing for regularization as one time measure for those who may have continued for a period of ten years without intervention of Courts clarified that it applies only to irregular appointment and not illegal appointment. On the own showing of the petitioner from the pleadings in his writ application he was appointed by the Officer Incharge of the Police Station who was not competent to make such appointment of Chaukidar when the District Magistrate alone was competent to do so. The appointment made by a government functionary beyond his authority does not bind the government and classifies the appointee as illegal appointee. In that view of the matter there is no occasion for this Court to interfere with the impugned order of rejection dated 27.5.2008. The writ application is dismissed. Snkumar/- (Navin Sinha,J.)