IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5202 of 2009 DHANANJAY KUMAR TIWARY, son of Late Ambika Prasad Tiwary, resident of Mohallah- Noorpur, P.S. Malsalami, Patna City, Town & District Patna Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Cabinet Secretariat Department, Bihar, Patna 3. The Under Secretary, Cabinet Secretariat Department, Bihar, Patna 4. The Bihar Staff Selection Commission through its Secretary, Veterinary College, Patna-800 014 ----------- For the Petitioner :M/s Dilip Kumar Tewari & K.K. Tiwary Advocates For the State : Mr. Fazal Rahman, G.P. 6 For the BSSC :Mr. P.K. Shahi, Sr. Advocate 04/ 09.07.2009 Heard learned counsel for the parties. 2. Petitioner is aggrieved by the order dated 24.10.2008, passed by the Principal Secretary of the Cabinet Secretariat Department, as contained in Annexure-11/1, whereunder the case of the petitioner for regularization on the Class III post of Typist/ Routine Clerk in Grade D has been directed to be considered in the light of the result of the limited examination conducted by the Bihar Staff Selection Commission (hereinafter referred to as the Commission) for which examination, requisition has already been submitted by the department to the Secretary of the Commission under Memo No. 3502 dated 30.10.2008, Annexure-11. 3. Petitioner was appointed on 8.1.1988 as Typist on daily wage basis in the Cabinet Secretariat and Coordination Department of the State Government. He was also discharging the duties of Routine Clerk. He along with Sudhir Kumar Mukherjee and others approached this Court for regularization in C.W.J.C. No. 3741 of 1999 and the writ application was disposed of under orders 2 dated 10.9.2004, Annexure-4 to this application directing the authorities to consider the case of the petitioner and others for regularization, subject to the availability of sanctioned post. In the light of the aforesaid orders of this Court, the case of the petitioner and others was considered for regularization, but the request was refused under orders dated 14.2.2005, Annexure-5 to this application on the ground that the post of Typist and Routine Clerk were not available in the department. Against the order dated 14.2.2005, Annexure-5, petitioner approached this Court under C.W.J.C. No. 3761 of 2005, which was considered by a Bench of this Court and the order dated 14.2.2005, Annexure-5 was set aside under order dated 11.10.2006, Annexure-6 to this application with direction to initiate fresh selection process and consider the case of the petitioner along with other outsiders. Against the order dated 11.10.2006, petitioner preferred L.P.A. No. 823 of 2007, which was disposed of under orders dated 19.3.2008, Annexure-8 to this application and thereunder the orders of the writ Court dated 11.10.2006 was set aside with direction to consider the case of the petitioner and others for regularization. In the light of the orders of the Division Bench dated 19.3.2008, Annexure-8, the authorities have considered the case of the petitioner for regularization under impugned order dated 24.10.2008, Annexure-11/1 and have said that as the petitioner was engaged in the department prior to the cut off date, his case for regularization shall be considered, provided they appear in the Special Limited Departmental Examination to be conducted for 3 filling up the Grade (Ga) post. For conducting such examination, requisition has been sent by the department to the Secretary of the Commission under Memo No. 3502 dated 30.10.2008, Annexure- 11. Such direction appears to have been given in the light of the resolution of the State Government dated 16.3.2006, Annexure-15. Earlier authorities had issued office order, bearing No. 984 dated 25.3.2008, Annexure-12 to this application reinstating the petitioner and others on Class III post on daily wage basis until finalization of the regularization matter in the light of the Special Limited Departmental Examination. 4. It is submitted on behalf of the petitioner that although in the light of the office order No. 984 dated 25.3.2008, Annexure-12, petitioner and others submitted their joining, but the same was not accepted. 5. Let the authorities accept the joining of the petitioner and others, who are covered by the office order dated 25.3.2008, Annexure-12 and petitioner discharge his duties and appear in the Special Limited Departmental Examination to be conducted for filling up Grade (Ga) post. Until holding of such examination and finalization of the regularization matter, let the petitioner continue in the light of the aforesaid order dated 25.3.2008, Annexure-12. 6. It goes without saying that while conducting the Special Limited Departmental Examination, the authorities will bear in mind that the examination is being conducted for filling up the Grade (Ga) post by those who were engaged as daily wagers on or 4 before 11.12.1990, the extended cut off date, as such, the standard of the question paper be such that the petitioner and other daily wagers are able to make the grade. In the event the petitioner fails to make the grade in the Special Limited Departmental Examination, he will have the liberty to approach this Court again. 7. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)