IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8978 of 2011 1. Md.Salimuddin S/o Late Nasuruddin R/o Mohalla Khalilpura P.S.- Danapur, Distt. Patna 2. Shyam Nandan Prasad Gupta S/o Late Chhathu Sah R/o village- Dhikra, P.S. Phulwarisharif, Distt- Patna-------------------- --------------------------------------------------------Petitioners Versus 1. The State Of Bihar 2. The Principal Secretary, Depatt. Of Art, culture & Youth, Govt. of Bihar, Patna 3. The Deputy Secretary, Depatt. Of Art, culture & Youth, Govt. of Bihar, Patna 4. The Director, Directorate of Archeology Bihar, Patna---------- ---------------------------------------------------Respondents ---------------------------------- For the Petitioners: Mrs. Anju Jha, Advocate For the State: A.C to AAG-12. ---------------------------- 2 23.8.2011 Heard learned counsel for the parties. Annexure-1 is a speaking order passed by Principal Secretary, department of Art, Culture and Youth, Government of Bihar. This so called speaking order was passed in light of the earlier direction of the High Court. The reason for rejecting the claim of the two petitioners is that they have not completed five years of service prior to 11.12.1990 and that too minimum work of 240 days for each year. Submission of learned counsel for the petitioner based on annexure-15 is that there is no requirement of such a kind based on the said circular of the State Government dated 16.3.2006. 240 days of work per year for five years can never be co-related of the cut off date dated 11.12.1990, which was the extended date for creating eligibility for all such daily wagers who had been engaged by the respondents. The earlier date fixed by the State was 1.8.1985 which was extended to 11.12.1990. 2 A reading of the said circular contained in annexure-15, issued by the Personnel and Administrative Reforms Department, according to this Court, lays down the requirement to be counted with regard to daily wagers who have worked for 240 days for each year for a period of five years at the time of consideration of his claim for regularisation and not prior to 11.12.1990. With due respect to the Principal Secretary the order passed by him is a classic case of non-application of mind and therefore is quashed. Matter is remanded back for passing a fresh order keeping the above observation in mind within a reasonable time frame of three months from the date of production or communication of a copy of this order. This writ application is disposed of with the above observation/direction. RPS ( Ajay Kumar Tripathi, J.)