IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7519 of 2002 SHANTA BENDIT SUBIRU @ SHANTA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr K.M.Joseph, Advocate For the State : Mr. P.K.Lal, assistant Counsel to SC XI. ------ 3. 28.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. Learned Counsel for the petitioner very fairly submits that in so far as the issue of arrears of the daily wages or salary is concerned, there is no grievance. The limited submission is that in pursuance of the order dated 19.3.2001 in CWJC No. 2510 of 1998 this Court had set aside her order of removal from the post of Clerk on daily wages in the office of Sub Divisional Office, Road Construction Department, Patna City. This Court then directed her case to be considered for regularisation. The petitioner in pursuance of the order of this Court rejoined on 3.5.2001 on daily wage. When the consideration for regularisation was not done within the period of three months as directed, she did pursue the matter in her contempt application. Meanwhile the respondents unsuccessfully assailed the order in CWJC No. 2510 of 1998 before the LPA Bench as also before the Supreme Court. The submission, therefore, is that the regularisation has to be with effect from the date of joining i.e. 3.5.2001 and not from 18.7.2003. as sought to be done. Regularisation is always prospective. There can be no retrospective regularisation. Even if there was any recommendation for regularisation of the petitioner from 3.5.2001, the mere recommendation would create no right to found a legal cause of action upon the same. This Court on 19.3.2001 in CWJC No. 2510 of 1998 could not have and did not issue any orders with regard to the date from which such regularisation was to take place but left it for consideration by the respondents after consideration of all aspects of the matter as discussed. This Court therefore finds it difficult to grant the relief of the nature sought to fix the date of regularisation as 3.5.2001. The claim of the petitioner to that extent is rejected. Snkumar/- (Navin Sinha,J.)