IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10464 of 2008 SURENDRA PRASAD, S/O LATE MUNDRIKA RAM, R/O VILLAGE-BARNAUSA, P.O.-BARNAUSA, P.S.-SILAO, DISTRICT-NALANDA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE COMMISSIONER-CUM-DIRECTOR, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA, BIHARSHARIFF. 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ISLAMPUR, NALANDA. 6. THE DISTRICT MAGISTRATE, NALANDA. 7. THE NAZARAT DEPUTY COLLECTOR, NALANDA. ……………RESPONDENTS. ----------- 2 29.07.2011 As per the case of the petitioner, he was appointed on a sanctioned post of Family Planning Worker under Civil Surgeon, Nalanda on which he joined on 01.11.1984. He claims that the appointment was approved by letter no.585 dated 30.11.1984. Learned counsel for the petitioner submits that the petitioner has continued as such on a fixed honorarium of Rs.1200/- since then till now. He also submits that many persons similarly situated have been absorbed and regularized whereas the case of the petitioner has not been considered. In the counter affidavit, there is no denial that the petitioner was engaged earlier. On the other hand, from the 2 pleadings made in paragraph 8 of the counter affidavit it appears that it is an admitted position that he is still continuing on honorarium of Rs.1200/-. The only ground is that the appointment of the petitioner was in the teeth of letter of the Government no.16441 dated 03.12.1980. Surely the petitioner has completed more than 10 years of service under the respondents and is still continuing. As such, he deserves to be considered for regularization in terms of the observations of the Constitution Bench judgment in the case of Secretary, State of Karnatka Vs. Uma Devi (3) [2006 (2) PLJR (SC) 363] made in paragraph 44 and within the parameters laid down therein. The writ application is, therefore, disposed of with a direction to the respondents to consider the case of the petitioner for regularization in terms of the Constitution Bench judgment in accordance with law and take a final decision preferably within a period of three months from the date of receipt/production of a copy of this order. 3 For convenience of the respondents, petitioner will be at liberty to file a representation along with a copy of this order before respondent no.4. Arvind/ ( J.N. Singh, J.)