IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14637 of 2009 1. YUGAL KISHOR THAKUR S/O SRI RAMDAS THAKUR VILL- SHEIKHPURA, P.O. SHEIKHPURA, P.S. KARPI IN THE DISTT. OF GAYA, PRESENTLY RESIDING IN BLOCK COLONY, P.S. AND DISTT. AURANGABAD 2. UPENDRA KUMAR SINGH S/O BINDESHWARI SINGH VILL- DARBHANGA, P.O. TELDIHA IN P.S. MADANPUR DISTT. AURANGABAD 3. LALLU GIRI S/O SHIV SHANKAR GIRI VILL- RAWAL BIGHA, P.O. KUNDA, P.S. & DISTT. AURANGABAD 4. ANIL KUMAR @ ANIL KUMAR THAKUR S/O SRI RADHE SHYAM THAKUR VILL- GANJ MUHALLA, NAWADIH ROAD, NAITOLI, P.O. & P.S. AURANGABAD IN THE DISTRICT OF AURANGABAD 5. BABBAN KUMAR SINGH S/O LATE BINDESHWARI SINGH VILL- DARBHANGA, P.O. TELDIHA, P.S. MADANPUR IN THE DISTRICT OF AURANGABAD 6. JITENDRA KUMAR S/O YAMUNA RAM VILL- BARATPUR, P.O. & P.S. AURANGABAD IN THE DISTRICT OF AURANGABAD 7. BABLU KUMAR SINGH S/O BHOLA SINGH R/O DARBHANGA, P.O. TELDIHA, P.S. MADANPUR IN THE DISTRICT OF AURANGABAD 8. SANJAY KUMAR S/O CHANDRADEO PRASAD VILL- BARATPUR, P.O. +P.S. AURANGABAD IN THE DISTRICT OF AURANGABAD 9. SUNIL KUMAR SINGH S/O SRI KAMTA SINGH VILL- DARBHANGA, P.O. TELDIHA, P.S. MADANPUR IN THE DISTRICT OF AURANGABAD 10. BASANT KUMAR S/O MADHAV SINGH VILL-TETARIA, P.O. CHAURIA, P.S. & DISTT. AURANGABAD 11. RAJESH KUMAR CHAUDHARY S/O ARJUN CHAUDHARY VILL- JARMA KHAP, P.O. +P.S. AND DISTT. AURANGABAD 12. PARWATI KUMARI @ PARWATI DEVI JAI NARESH MAHTO R/O VILL- SHAHPUR, P.S. & DISTT. AURANGABAD Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE SECRETARY BOARD OF REVENUE, BIHAR, PATNA 3. THE COMMISSIONER MAGADH PRAMANDAL, GAYA 4. THE DISTRICT MAGISTRATE AURANGABAD ----------- 2. 18.11.2009 Heard learned counsel for the petitioners and the State. There can be no justification for the Government in a welfare State to keep sanctioned vacant posts unfilled and without making regular appointments continue to utilise services of persons on daily wages against such sanctioned vacant posts displaying the need for personnel on such posts. That perhaps may be symptomatic by itself of arbitrariness and indicative of a subterfuge being resorted to for private benefits both of those making the appointment and those who are availing the benefit of daily wage appointment. 2 This writ application is disposed with a direction that if there are sanctioned vacant posts of Class IV in the Collectorate at Aurangabad and the State Government proposes to make appointment on those posts, it must do so within a maximum period of six months. This Court shall not countenance a situation where despite availability of sanctioned vacant posts, the Respondents refuse to fill up the same and resort to daily wage appointment against the same which again is positively indicative of the fact that the Government in fact needs personnel to work on the sanctioned vacant posts. If such sanctioned vacant posts are not filled up within a maximum period of one year, the Respondents shall be restrained from making any daily wage appointment on a sanctioned vacant regular post. While laying down the conditions for such appointment it shall be the obligation of the respondents, as an order of the Court, to incorporate adequate conditions so that the petitioners are not denied consideration on grounds of age or their experience rendered nugatory. The writ application stands disposed. AKS/ (Navin Sinha, J.)