IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 11247 of 2006 1. UMA SHANKAR SINGH, S/O BISHWANATH SINGH, RESIDENT OF VILLAGE – PARARI, P.S. – TAMAUL, DISTRICT – DARBHANGA …………… PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, MINOR IRRIGATION DEPUTATION GOVERNMENT OF BIHAR, PATNA 3. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, MUZAFFARPUR 4. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, DARBHANGA 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION, JAI NAGAR SUB-DIVISION, DISTRICT-MADHUBANI ……………… RESPONDENTS. ----------- 02. 03.05.2011 Heard learned counsel for the petitioner and the State. Petitioner claims to be appointed as daily wage employee under Minor Irrigation Department in the Circle, Madhubani in the month of January, 1984 and continued till December, 1984. Subsequently, he was disengaged, as funds were not available for payment. He was re-engaged on the post of Pump Operator and joined on 12.09.1999. Prayer of the petitioner is also for payment of salary for the period 12.09.1999 to 30.09.2000, as he had worked during this period as daily wager. A general instruction was issued by the Secretary, Minor Irrigation Department, dated 05.04.2011 in order to retrench all daily wagers, 2 working in the Minor Irrigation Department in the State of Bihar. Consequent upon such direction, the Executive Engineer and Assistant Engineer retrenched daily wagers. Petitioner was also one of them. He was retrenched on 30.09.2000. Petitioner in his application has submitted that as per decision reported in 2006(3) PLJR 370, daily wagers, who have continued for a certain period of time and completed continued service of 240 days, should have been directed to be absorbed against the vacant post in order of their seniority. In the Counter Affidavit, there is no denial so far the claim of the petitioner regarding his initial engagement, re-engagement and retrenchment is concerned. But, it is stated that absorption / regularization can be made only against the sanctioned vacant post. The numbers of retrenched daily wagers is much more than the number of vacancies against sanctioned post. So far the petitioner and similarly situated persons are concerned they were retrenched as there were no work available for their engagement. Several Schemes of Government have been closed, as such the opportunity to work in such Schemes is also 3 decreased. Since the Schemes are not in operation, as such there is non-availability of the post for regularization of the retrenched daily wagers. No direction can be issued for regularization of daily wagers, if the sanctioned vacant post itself is not available. In this view of the matter, the prayer of the petitioner for issuance of direction for regularization is not sustainable. However, Counsel appearing for the petitioner submits that the Respondents be directed to prepare a list of retrenched employees in order of seniority, so that as and when vacancies occurred in the Department, they may be absorbed / regularized against such vacancies in order of seniority. I find this prayer of the petitioner to be reasonable. Accordingly, the Secretary, Minor Irrigation Department, Government of Bihar is directed to issue direction to the different Superintending Engineer and Executive Engineers in Minor Irrigation Department throughout the State to prepare a list of retrenched daily wagers in order of seniority and in future, whenever the vacancies occurred, persons who were engaged till December, 1985 and subsequently retrenched, should be 4 absorbed / regularized in order of their seniority. The Respondent No. 4, the Executive Engineer, Minor Irrigation Department, Jai Nagar Sub-division, Madhubani will examine the claim of the petitioner, in case he has worked for the period 12.09.1999 to 30.09.2000 and payment of his daily wage have not been made, that must be paid to him within 12 weeks from the date of production / communication of the Order. With the aforesaid observations, this Writ Application is disposed of. SKM (Mridula Mishra, J.)