IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14051 OF 2004 GAJENDRA KUMAR SINGH, SON OF SHRI JAGANNATH SINGH, RESIDENT OF VILLAGE LAXMIPUR, POST OFFICE LAXMIPUR, POLICE STATION TRIVENIGANJ, DISTRICT SUPAUL ……………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER –CUM- SECRETARY, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR, KOSHI DIVISION, SAHARSA 5. THE DISTRICT MAGISTRATE, SUPAUL 6. THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, SUPAUL 7. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, TRIVENIGANJ, SUPAUL ………………………………………………………………………..RESPONDENTS ******** 4 14/12/2010 The petitioner was working on Class-IV posts as a Night Guard on temporary basis vide Annexure-1. He continued to work for four and a half years as a Night Guard. Steps were also taken to get him regularized as he was found to be an honest and good worker. Counsel for the petitioner submits that the post is a sanctioned post and the petitioner made several attempts to get himself regularized. A counter affidavit has been filed stating therein that the appointment was made by mistake and, therefore, it has been cancelled. Considering the decision of the Supreme Court in the case of State of Karnataka & Another vs. Uma Devi & Others [2006 (4) SCC 1], and specially paragraph 53 of the judgment, the department may take a decision with respect to regularization of the petitioner. In the 2 alternative, if the post has not been regularly filled, an advertisement may be made and the petitioner may apply for the post. In case, the petitioner applies for the post of Night Guard in the district of Supaul, the respondents may consider his case sympathetically, if he is otherwise found fit, considering that he has already got the experience of four and a half years of work as a Night Guard. The second prayer of the petitioner in this writ application is that he ought to be granted minimum wages for the period he has worked. Counsel for the State submits that he has been illegally appointed, and therefore, he is not entitled to any pay. There is no dispute about the fact that the petitioner has worked for four and a half years without any complaint. Even if, his appointment is considered to be an appointment on daily wages, the petitioner ought to be granted minimum wages for the period for which he had worked. The said payment should be made within a period of four months from the date of receipt of a representation filed by the petitioner before the Civil Surgeon, Supaul. This writ application is disposed of in the aforesaid terms. Anand ( Sheema Ali Khan, J. )