IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8158 of 2010 SURESH PRASAD SINGH, S/O LATE RAMESHWAR SINGH, R/O VILLAGE-KHALIL CHAK, P.S.-BARBIGHA,MALIL CHOWK, DISTRICT SHEKHPURA AT PRESENT MAULERY FLOOD CONTROL DIVISION KARAGOLA,KATIHAR. ……… PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, WATER RESOURCES DEPARTMENT,BIHAR,PATNA. 3. THE UNDER SECRETARY, WATER RESOURCES DEPARTMENT,GOVT. OF BIHAR,PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 5. SUPERINTENDING ENGINEER, IRRIGATION MECHANICAL CIRCLE, MITHAPUR, PATNA. 6. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION,KARAGOLA,KATIHAR. …………. RESPONDENTS ----------- 2. 03/03/2011 Petitioner has filed this writ application for a direction to the respondents to regularize his services under regular establishment of the Government. It is the case of the petitioner that he came in service under the respondents in Work Charge Establishment with effect from 1.1.1981 and much prior to 21.10.1984. In the circumstances, on the basis of some resolutions/circulars of the Government, he claims that he has the qualifying period for his regularization as laid down therein and therefore, his services should be regularized in terms of those circulars. In the matter of regularization of a 2 temporary employee, the Constitution Bench of the Apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi, reported in 2006(2) PLJR 363 (SC), has laid down the law in clear terms. It has been clearly stated that any judgment of any Court running counter to the law laid down in the said judgment shall be denude of its force. Obviously, same has to be in the case of Government circulars/ resolutions also, and any case of regularization can be considered only in terms of para 44 of the judgment only and not otherwise and nothing counter to it contained therein can be taken into account for a decision in a given case. Accordingly, petitioner may file representation before the concerned authority enclosing all Government circulars/ resolutions and giving details of his service history for consideration of his case for regularization in terms of the observations of the Apex Court made in para 44. If petitioner files such a representation within one month from today, the same shall be considered and appropriate orders shall be passed in accordance with law preferably 3 within a period of two months thereafter. With the aforesaid observations and directions, this writ application is disposed of. Pradeep/ ( J. N. Singh,J.)