CIVIL WRIT JURISDICTION CASE No.8883 OF 1996 In the matter of an application under Articles 226 and 227 of the Constitution of India. … PAWAN KUMAR SINGH, son of Sri Rajendra Singh, village Teuanga, PS Simari, District Darbhanga .. .. Petitioner Versus 1. The State of Bihar, 2. The District Collector, Madhubani. 3. The S.D.O., Phulparas, District Madhubani. 4. The B. D. O., Laukahi, District Madhubani .. .. Respondents. … For The Petitioner : Mr. Birendra Prasad Verma, Senior Advocate, Mr. Yogendra Kumar, Mr. M.K.Gautam, Mr. R.N.Roy and Mr. Manish Kumar, Advocates. For the S t a t e : Mr. Government Pleader No. XVI. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A.Khan, J. By this writ petition, the petitioner seeks regularization of his service on the post of Driver as he has put in uninterrupted service on daily wage from 8.2.1989 to 5.5.2001. 2. On the basis of an agreement reached between the State Government and the drivers in the district of Madhubani, the Government decided to absorb such persons as drivers after following the procedure laid down by the State Government who had the required qualification and had worked for 240 days. Accordingly, out of nineteen drivers working on daily wages, the State Government engaged about eleven of them and they are supposedly working as regular drivers in the district of Madhubani. 3. By I.A. No. 3124 of 2001, the petitioner has also sought to challenge the decision taken by the District Establishment Committee on 22.6.2001 wherein the District Establishment 2 Committee has posted seven persons who were working as drivers in different Anchals and Subdivisions of Madhubani. The District Establishment Committee also took a decision not to engage drivers on daily wage basis. This part of the order, dated 23.6.2001 is under challenge in this writ petition. 4. As stated earlier, eleven persons have been absorbed as drivers in pursuance of order, dated 12.10.1992 contained in Annexure 8 of the writ petition. 5. Learned counsel appearing on behalf of the State submits that in view of the fact that the posts which were vacant, belonged to the reserved category candidates, it was not possible to absorb the petitioner as driver in the district. 6. The stand of the petitioner is that he has worked for fourteen years and further that there are five posts in excess of the post which have been kept for reserved category candidates and as such the case of the petitioner should be considered for absorption. 7. In the counter affidavit filed on behalf of respondent no. 2, the Collector of the district, it has been stated by the Block Dev. Officer at paragraph 13 that five vacancies meant for driver are still vacant but these vacancies are to be filled up in accordance with the rules. 8. I, therefore, remand the matter to the Collector, Madhubani to determine the number of vacancies in the year 1996 and to consider the absorption of the petitioner on regular basis in view of Annexure 8 if there are vacancies available in the general category 3 during the relevant time when eleven other similarly situated persons were absorbed in service. The whole exercise should be completed within three months from the date of receipt / production of a copy of this order before the Collector, Madhubani. This writ petition stands disposed of with the aforesaid observations and directions. Patna High Court, November 21, 2008, N.A.F.R. / haque. (Sheema Ali Khan, J.)