IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3591 of 2005 RAJENDRA SINGH S/O LATE PALKU SINGH R/O VILLAGE HASANPUR, PS & DISTT- LAKHISARAI----PETITIONER Versus 1. THE STATE OF BIHAR 2. THE A.G.BIHAR,PATNA 3. THE SUPERINTENDING ENGINEER, REO,BHAGALPUR 4. THE EXECUTIVE ENGINEER, REO, MUNGER 5. THE EXECUTIVE ENGINEER, REO,LAKHISARAI 6. THE EXECUTIVE ENGINEER, REO, SHEIKHPURA 7. THE DISTRICT PROVIDENT FUND OFFICER, LAKHISARAI-CUM- MUNGER 8. THE DISTRICT TREASURY OFFICER,LAKHISARAI—RESPONDENTS. ----------- 5 28.2.2009 Heard learned counsel for the parties. Petitioner initially filed the writ application with certain limited prayers for a direction upon the respondents to pay the retiral dues of the petitioner with interest of market value. His claim was that he was initially appointed on 12.2.1978 on Muster Roll in the R.E.O. Department of Munger and thereafter was regularized. But in the counter affidavit filed on behalf of the respondents they rebutted this position. They denied that the petitioner ever taken on permanent roll of the department and in view of the same there is question of granting him any post retiral dues. The stand is that the daily wager cannot claim retiral dues. Based on the stand taken by the respondents the I.A. No. 1121 of 2009 has been filed where a prayer has been made that based on materials the respondents be directed to regularize the services of the petitioner from the date of his initial appointment. The prayer made in the I.A. No. 1121 of 2009 as - 2 - well as the original writ application per say are incongruous. In otherwords the respondents are corrects in saying that the petitioner was not a permanent employee. I.A. No. 1121 of 2009 is rejected. This writ application is also dismissed but a liberty is granted to the petitioner that if the law permits him to seek regularization then he may do so by filing an appropriate writ application or moving the appropriate forum in this regard. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)