IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9925 of 2002 RAJENDRA KUMAR GUPTA & ANR Versus THE STATE OF BIHAR & ORS ----------- 04 26.03.2009 Learned counsel is permitted to implead the Managing Committee of the Vaishakhi, Primary Agricultural Credit Societies, Pachrukhi, District- Siwan and the Managing Committee of the Bariarpur Sarouti, Primary Agricultural Credit Societies, Pachrukhi, District- Siwan as respondent nos. 4 and 5. The claim of the petitioners is that they have been working on the post of Night Guard in newly added respondent nos. 4 and 5 since 22.6.1992. They are not being paid salary regularly and neither they are being regularized. Insofar as the claim of regularization is concerned, after hearing counsel for the petitioners, State and respondent no.3, this Court is of the opinion that only appropriate order that can be passed is for a direction for consideration of the case of the petitioners in light of the observation contained in paragraph-53 of the judgment of the Supreme Court in 2006 (2) P.L.J.R. 363 (SC) (Secretary, State of Karnataka Versus Uma Devi & Ors.) with regard to responsibility of consideration of such cases where persons have remaind in employment 2 for more than 10 years as one time motion. Insofar as the claim for salary is concerned, if the concerned respondent are doing work, the respondent quite naturally are responsible to pay salary as otherwise the issue of violation of the constitutional right of the petitioner under Article-23 of the Constitution of India arises. The writ petitioner stands disposed off with the aforesaid observation. P.K. (Navin Sinha, J.)