IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5987 of 2002 SADANAND PATHAK Versus THE STATE OF BIHAR & ORS ----------- 4. 04.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The claim of the petitioner is two fold; first for regularisation and second for payment of wages for certain period during which he claims to have worked on daily wages. In so far as the first claim is concerned, it is admitted that being a daily wager in the Adult Education Department he does not come within the purview of the policy for absorption of retrenched employees of the Adult Education Department. Nonetheless it is submitted that being a daily wager appointed on 8.1.1988 and the cut of date for absorption having been fixed subsequently as 11.12.1990 by a decision dated 10.5.2005 in lieu of the earlier cut of date of 1.8.1985 he is required to be considered. On the claim of absorption the petitioner if he fulfils all the requirement under the scheme, it is for the respondents to consider in terms of the scheme to be done expeditiously within a maximum period of four months from the date of receipt and/or production of a copy of this order. From the counter affidavit of the respondents, learned Counsel submits that they acknowledge his working on daily wage and payment till 13.8.1992. His grievance is non payment thereafter till the year 2000. Paragraph 9 of the counter affidavit acknowledges that he has worked till the year 2000 though the counter affidavit urges that he has been paid. From the pleadings in the writ petition and counter affidavit, it is not possible for this Court to arrive at a specific finding of fact with regard to the dates on which the petitioner may have worked on daily wages and for which he may have been paid or not paid. These are factual aspects to be examined by the respondents from their records and any legitimate dues of the petitioners are to be paid to him within the same period as indicated above. The petitioner shall be at liberty to file a fresh representation with regard to his claim for daily wages along with a copy of the present order. The writ application stands disposed off. Snkumar/- (Navin Sinha,J.)