IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1208 of 2010 1. DHANANJAY SINGH S/O SRI GANGA SINGH R/O VILL LAXMIPUR, P.S.BUXAR(MUFFASIL),DISTT-BUXAR 2. RAMANUJ KUMAR SINGH S/O SRI RAMADHAR SINGH R/O VILL +P.O.+P.S.UDWANTNAGAR,DISTT-BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY OLD SECRETARIAT, PATNA 2. THE INSPECTOR GENERAL OF POLICE (JAIL) OLD SECRETARIAT,PATNA 3. DEPUTY INSPECTOR GENERAL OF POLICE (JAIL) OLD SCRETARIAT,PATNA 4. THE SUPERINTENDENT OF POLICE BUXAR 5. THE SUPRINTENDENT , CENTRAL JAIL BUXAR, 6. THE DISTRICT MAGISTRATE BUXAR ----------- 3/ 07/09/2010 Heard learned counsel for the petitioner and learned counsel for the State. This Court on the previous occasion had issued interim directions for initiation of process for appointment for filling up 11 sanctioned vacant posts. The petitioners are stated to be employed on daily wages as driver in the Central Jail, Buxar since 1989 and 1996 claiming to be working against such sanctioned vacant posts. The State as a welfare employer has a bounden duty to fill up sanctioned vacant posts in accordance with law. If it does not require personnel and does not wish to fill up sanctioned vacant posts, it is the prerogative of the employer, but it cannot resort to a subterfuge by refusing to make regular appointments against sanctioned vacant posts and utilize the services of daily wagers against such - 2 - sanctioned vacant posts. That amounts to a fraud on the Constitution itself. Let the respondents complete the process of appointment in terms of interim orders of this Court on 21.7.2010 within a maximum period of six months from the date of receipt/production of a copy of this order. If the petitioners apply, they are required to be considered in accordance with the directions for age relaxation and on priority as directed by the previous order. If regular appointments are not made against such sanctioned vacant posts, all daily wage arrangements/appointments against such sanctioned vacant posts shall cease in any other capacity whatsoever. The writ application stands disposed. KC ( Navin Sinha, J.)