IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6404 of 2006 SIDHESHWAR PRASAD Versus THE BIHAR STATE TOURISM DEVELOPMENT CORPORATION & ORS ----------- 3 7.8.2008 Heard learned counsel for the petitioner. Petitioner has been working as a daily wager in the capacity of a Pump Operator from the year, 1983 as would be evident from an order passed by then Managing Director contained in annexure-1. It is his case that he has been transferred from one place to another over these years of service and he has been treated as regular employee with regard to performance of his duty. When he claimed the benefit of such status the respondent Corporation has failed to do so. He does not deny that his earlier effort to be regularized had failed. But now he is claiming that he should be granted salary in the minimum scale of pay as has been done in the case of other similarly situated employees. Petitioner has brought certain orders on record in support of his assertion as would be evident from perusal of annexure-6 series. Unfortunately for this Court though time was granted on 14.3.2007 to the respondents to file a counter affidavit it has not been done. The claim of the petitioner therefore has not been rebutted by the respondents. The Court therefore has only the statement made by the respondents and a couple of decisions which have been rendered in similar situation by various Benches of the Court for assistance. - 2 - In view of the above this writ application is disposed of with a direction upon respondent no.2, the Managing Director, that he shall examine the claim of the petitioner and take steps to extend the benefit of minimum time scale of pay to the present petitioner also as has been done in the case of other similarly situated employees. An early decision in this regard preferably within a period of three months from the date of communication or production of a copy of order would be quid. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)