IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8875 of 2010 1. Lalan Prasad S/O Sri Ram Dayal Bhagat R/O Vill.- Mathurapur Math Gopal, P.S.- Pipra Kothi, Distt.- East Champaran, Motihari 2. Jitendra Kumar Singh S/O Sri Bindeshwari Singh R/O Vill.- Kunwarpur, P.S.- Pipra, Distt.- East Champaran, Motihari Versus 1. The State Of Bihar Through The Chief Secretary Government Of Bihar, Patna 2. The Principal Secretary Personnel And Administrative Reforms Department, Government Of Bihar, Patna 3. The District Magistrate Cum Collector East Champaran At Motihari 4. The District Establishment Committee East Champaran At Motihari 5. The Deputy Collector (Establishment) East Champaran At Motihari 6. Deputy Collector (Nazarat) East Champaran, Motihari 7. Director In Chief, Health Services Department Of Health, Govt. Of Bihar, Patna 8. Chief Malaria Officer Department Of Health, Govt. Of Bihar, Patna 9. District Malaria Officer, East Champaran, Motihari ----------- 3. 18.10.2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be Grade IV daily wage workers under the District Administration in East Champaran. They are aggrieved by the process of empanelment of such daily wagers only who are in the Malaria Department. It is alleged that such employees were not part of the State cadre and therefore the petitioners who were in the Collectorate service are said to be discriminated. The law stands well settled that a daily wager holds no post and the question of his regularization does not arise. This has more than adequately been explained in Secretary, State of 2 Karnataka & Others Versus Uma Devi (3) and Others, 2006 (4) SCC 1 followed in (2010) 3 SCC 115 and (2010) 4 SCC 179. There can be thus no preferred panel for appointment of daily wagers only. Any appointment in Government service can only be in pursuance of a proper advertisement and a competitive merit selection. Those on daily wage may also apply along with others in response to the advertisement when any policy decision with regard to age relaxation and weightage for past experience with regard to such persons is an entirely different matter. There can be no preferred panel for regularization/appointment of daily wagers without an open advertisement and competitive merit selection. The writ application stands disposed in the aforesaid terms. P. Kumar ( Navin Sinha, J.)