IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2871 of 2009 SMT.VIDYA KUSHUM Versus THE STATE OF BIHAR & ORS ----------- 2 03.03.2009 Heard counsel for the petitioner and counsel for the State. The prayer made in this writ application for regularization of the services of the petitioner cannot be allowed for a simple reason that at the time of the engagement of the petitioner on daily wages there was no sanctioned post nor her such engagement was made after following the mandate of Articles 14 and 16 including an advertisement and selection. The plea that the petitioner was allowed to continue in service by way daily wages for a long spell of period creating a hope and legitimate expectation for being regularised in service as and when the post would be sanctioned is wholly untenable. The petitioner infact in the event of the post of being sanctioned and sought to be filled by a way of regular appointment can at best be considered for such appointment provided she fulfils the requisite qualification and experience for the post. The only benefit that the petitioner may get in course of such regular appointment, happen the Respondents, advertise the post for filling it up on regular - 2 - basis, would be only by way of relaxation in age and/or any weightage for the services rendered by her. Counsel for the petitioner next submits that the post held by the petitioner has been sanctioned in the year, 2003 and therefore, the case of the petitioner could have been considered for regularisation against the said post. As held above, regularisation is not a mode of appointment and therefore, the post has to be filled up by following the mandate of Article, 14 and 16 of the Constitution of India in the event such post is advertised for being filled up in which the case of the petitioner would also receive the consideration, in accordance with law. The last submission of the counsel for the petitioner that till the post is regularly filled up the petitioner must be given the minimum of the pay scale has to be again noted, only for its being rejected. The post of computer programmer is yet to be filled up in a prescribed pay scale and therefore, the nature of the engagement of the petitioner either on daily wages or on fixed salary cannot be converted into a time scale of pay so as to give her benefit of the minimum pay scale. It is not the case of the petitioner that there is a existing cadre of Computer Programmer with a prescribed time scale of pay, in which the petitioner could be given the minimum - 3 - of time scale. That being so, this Court would not find any merit in this writ application and the same is accordingly, dismissed. Bibhash (Mihir Kumar Jha, J.)