IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11264 of 1993 1. KRISHNA KUMAR, S/o Late Ram Sunder Ram, resident of Mohalla , P.S. Town, Thana, Sasaram, District Rohtas 2. Ashok Kumar Pandey, S/o Mukholal Pandey, resident of village Mautha, P.S. Karakat (Goarari), District Rohtas … Petitioners Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna 2. District Magistrate, Rohtas at Sasaram 3. The Nazarat, Deputy Collector at Sasaram … Respondents. ----------- 3. 31.7.2009 No one appears for the petitioners. The prayer of the petitioners, Umidwar Anusewak in Rohtas District, said to be continuing since 1981 for their regularization of service seems to be wholly misconceived because there is no sanctioned post of Umidwar Anusewak. The admitted position is that there is a list of Umidwar Anusewak from which the respondent Collector is expected to fill up the vacant post of Class-IV employee after preparing a panel in terms of the Government Resolution No. 16440 and 16441 dated 3.12.1980. Admittedly the grievance of the petitioners does not relate to non- observance of the aforementioned Government decision dated 3.12.1980, rather they have a grievance that vacant Class-IV posts have 2 been filled up by absorption of retrenched surplus employees of consolidation scheme. As noted above, since there is no vested right in the Umidwar Anusewak for being appointed by way of preference, if the Government had been facing a situation of absorbing the service of its permanent employees, arising out of necessity of abolition of the scheme including the consolidation scheme, this Court would not find any reason to interfere in such decision of the Government. It would, however, be still open for the petitioners if they still continue to be in the list of Umidwar Anusewak of Rohtas district to approach the Collector for their being considered for appointment on the vacant sanctioned post of Peon if and when vacancies of Class IV would be advertised by the Collector of Rohtas. The Collector of Rohtas district keeping in view the circular of the Board of Revenue in the year 1987 would consider the case of the petitioners by giving them relaxation of age. 3 With the aforementioned observation/direction this application is disposed of. (Mihir Kumar Jha,J.) Surendra/