IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11142 of 2009 Parmeshwar Pandit & Ors . Versus The State Of Bihar & Ors . ----------- 3. 16.08.2011 I.A. No. 5559 of 2011 is stated to have been filed by the petitioner in the Registry today. Office shall place it on record. The Court requested the counsel for the petitioner to make available his copy for perusal so as not to hold up the proceedings on that ground. Heard learned counsel for the petitioners and the State. Despite the passage of nearly two years since the filing of the writ application and specific adjournment for the purpose on one occasion, no counter affidavit has been filed on behalf of the respondents. The Court is not persuaded to grant them any further indulgence for the purpose in the nature of the controversy and the order to be passed. The petitioners are stated to be persons appointed as Class-IV daily wage in the Forest Department. They claim to be working since long years from 1979 till 1989, details whereof are mentioned in Paragraph-2 of the application. Shree Mukhopadhaya, learned counsel for the petitioners submits that the Forest Department in 2 fact never had any proper methodology or procedure for making regular appointments and the practice of engaging daily wage workers has existed for long years. The petitioners continued to work in the fond hope that one day they shall be regularized. They came to this Court first in C.W.J.C. No. 8510 of 1995. A representation was made by the respondents that the posts were proposed to be regularly filled up. Directions were given by the Court to complete the selection process within six months. The petitioners were denied regularization by an order dated 30.4.1998 and subsequently terminated on 1.2.2001. They came to this Court again in C.W.J.C. No. 9158 of 2001/9851 of 2001. This Court directed to consider their case for regularization after determination of the exact number of Class-IV vacancies. Assailing the practice of continued daily wage appointment for long years itself indicative of the need for regular personnel it is submitted that on 29.6.2011 the respondents have themselves issued directions in the Department of General Administration, Government of Bihar, for preparation of a panel of Class-IV employees for regularization working as daily wagers. It is submitted that Rules for appointment have now been framed on 26.3.2010 for filling of such regular vacancies. 3 Notwithstanding the same ad hoc and daily wage appointments continue. Further reliance is placed on Department of Environment Forest letter dated 25.7.2011 recognizing that the posts of Forest Guard and Forester have remained vacant for long years. Now that roster clearance has been obtained there was urgency in the matter for making regular appointments. Learned counsel for the State submits that if decisions have been taken for filling up vacancies by a regular process as is being contended on behalf of the petitioners from the documents sought to be relied upon, the petitioners may also apply to be considered. The right to make daily wage appointments in the exigency of the work for a limited duration cannot be denied to the respondents. But the exception cannot be turned into the rules. There can be no wholesale daily wage appointments for years and years to come without any attempt to make regular appointments. To permit the respondents to do so would only be granting them the liberty to dole out favours to the chosen few as a largesse. A bait is held out to a person who may not be in a bargaining position offering him the safety and security of a Government job for a consideration. The person then 4 makes an investment in the hope that one day he may have a regular job. Those who persuaded him to make the investment are the first beneficiaries who then go away. It is not without reason that primarily such matters relates to Class-IV appointments. That is perhaps something that speaks for itself. There can be no justification whatsoever to continue with daily wage appointments for long years. Apprehensive that a claim for regularization shall be made by the person continued in this manner for long, he is terminated. It also facilitates and provides the opportunity to dole out the largesse to fresh investors. One daily wager cannot be substituted by another daily wager. Now that the respondents have framed the rules and have themselves expressed the urgency to make regular appointments, and this Court had given directions to do so within six months as far back as 1.9.1995, directions are given that if the respondents require regular personnel they must publish an advertisement within a maximum period of four months from the date of receipt/production of a copy of this order and complete the process of selection within a maximum period of six months from the date of such publication. If the respondents do not do so, they cannot be permitted to perpetuate the 5 system of ad hocism and daily wage appointments which only generate heart burning, raising false feeling of hope and shut out an entirely new generation from consideration. While publishing such advertisement, the respondents have to invite fresh application also and cannot confine it to daily wage appointment only. It is expected as a matter of policy the respondents shall consider grant of age relaxation, weightage for past experience and limitation of seats for such daily wage persons working for long years. No fresh daily wage appointment /engagement can now be made by the respondents on any posts which is stated to have been sanctioned under the Rules. No person shall be allowed to continue on daily wage by extension on such post expiry of the 10 months period indicated above. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)