IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6916 of 2010 PUNIYA DEVI, wife of Binda Ram, resident of village Kharanti, P.s. Obera, District Aurangabad. Versus 1. THE STATE OF BIHAR. 2. Principal Secretary, Department of Water Resources, Government of Bihar Patna. 3. Engineer-in-Chief, Water Resources, Patna. 4. Chief Engineer, Water Resources, Aurangabad. 5. Executive engineer, Sichai Pramandal, Daudnagar. 6. Assistant engineer, Sichai Awar Pramandal, Kheranti, Daudnagar Division, Aurangabad. ----------- 2 13.1.2011 As per the case of the petitioner she was appointed in class-IV on sanctioned post of sweeper on part time basis in 1990. Since then she is continuing to work. It is submitted that neither she has been paid her wages for her services nor her case has been considered for regularization in terms of paragraph 44 of the Constitution Bench judgment of the Apex Court in the case of State of Karnataka Vs. Uma Devi (2006 (2) PLJR 360). Learned counsel for the petitioner further relies on a judgment of the Apex Court in the case of State of Karnataka Vs. M.L. Kesri reported in 2009 (9) SCC 247. He submits that the case of petitioner qualifies for regularization on class-IV post under the respondents. Learned counsel for the petitioner has further referred to a recommendation of the Executive Engineer as contained in Annexure-2 and another communication of the Executive Engineer as Annexure-III to show that the case of the petitioner was recommended for making her full time and also to show that the petitioner is continuing to render her services under the respondents. However, he submits that the case of the petitioner 2 has not been considered and disposed of and final orders, either way, has been passed by the respondents in the matter. In the circumstances, this writ application is disposed of with a liberty to the petitioner to file a representation before the Executive Engineer, Irrigation Division Daudnagar, Aurangabad praying for a formal order of her regularization and/or making her full time and permanent. If such a representation is filed, the respondent Executive Engineer shall consider the same and pass appropriate orders in accordance with law in respect of her claim preferably within a period of two months from the date of receipt of the representation. Prakash (J.N. Singh, J.)