IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14383 of 2002 1. JHAGTU BIND son of late Ram Surat Bind, resident of village- Baherian, Police Station Chand, District- Kaimur 2. Bachu Seth son of Late Neta Sonar, resident of village Betari, P.S. Bhabhua, District Kaimur (Bhabua) 3. Sukhram Prasad, son of late Laljee Bind, resident of village Kakrahan, PS. Mohania, District Kaimur (Bhabua) 4. Lal Bihari Ram son of Late Sukhar Ram, resident of village- Sondihara, PS. Bhabhua, District Kaimur (Bhabhua). Versus 1. THE STATE OF BIHAR through the Secretary Health, Medical Education and Family Welfare Department, New Secretariat, ‘Vikas Bhawan’ Patna. 2. Deputy Secretary, Health, Medical Education and family welfare department, Government of Bihar New Secretariat, ‘Vikas Bhawan’ Patna. 3. Director-in-Chief Health Medical Education and Family Welfare Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 4. Chief Malaria Officer, Government of Bihar, New Secretariat, Bailey Road, ‘Vikas Bhawan, Patna. 5. The District Malaria Officer, Rohtas at Sasaram .. Respondents. ----------- 05/ 01.07.2010 No one appears for the petitioners. Counsel for the State is present. In this writ petition, the prayer of the petitioners reads as follows; “ (i) For directing to the respondents to absorb the petitioner in the regular establishment of the respondents State by giving them the benefit of the Circular No. 5940 dated 18.6.1993 issued by the Personnel and Administrative Department of the respondents State considering the fact that the petitioner having being working as Seasonal employee under the National Malaria Eradication Programme since more than twenty- 2 twenty five years (20-25 years) are entitled to be regularized in the regular service of the respondent state. (ii) For further direction to the respondents to continue to pay to the members of petitioner’s association, salary in regular scale of pay which was being paid to them earlier so long as the respondent to not regularize the services of the petitioner and to take their service in the regular establishment. (iii) For this purpose, if, necessary the order contained in Memo No. 863 dated 28.11.1996 issued under the signature of respondent Secretary, be quashed by which the payment of salary which was being paid to the petitioner in the regular scale of pay has been ordered that the members of the petitioner’s association as well as other similarly situated seasonal malaria Eradication employee will be entitled to daily wage and not regular pay of scale.’ The appointment of the petitioners being on daily wages and that too by way of seasonal spray worker cannot be regularized. In this context, reference may be made to the recent judgment of the Apex Court in the case of Md. Ashif & Ors. Vs. State of Bihar, reported in 2010(2) PLJR 156(SC) wherein it has been held that once the appointment was not made by following the prescribed manner, there would be no question of regularization of such services. 3 That being so, this writ petition is wholly misconceived and is accordingly dismissed. kanchan (Mihir Kumar Jha, J.)