Ganesh Paswan & Ors vs The State Of Bihar & Ors

1.Heard Mr. Pramod Kumar Singh, learned counsel appearing for the petitioners and Mr. Arvind Kumar, learned Assisting Counsel to

Government Advocate No.9 for the State.

2.The petitioners pray for regularization of their services but the details present at paragraph 6 of the writ petition would confirm that petitioner

no.1 (Ganesh Paswan) is not in service since 30.12.1989, petitioner no.2 (Sitaram Sah) last worked until 31.12.1984, petitioner no.3 (Dinesh

Chaurasiya) has not been functioning as a daily wager since 20.2.1991, petitioner No.4 (Bipin Malakar), petitioner no.5 (Sanjay Ram) and

petitioner no.6 (Surya Narayan Mahto) have not been working since after 6.2.1992 and petitioner no.7 (Mr. Bipin Kumar Sah) has worked only

until 31.7.1984.

3.The legal position as regarding the claim of regularization is well settled and a regularization can be directed only in respect of a daily wager who

is in service on the date on which such claim is raised. Considering that these petitioners are out of service since almost quarter of a century, no

order on regularization can be passed because any such order would amount to reinstatement of these petitioners, which prayer is neither made nor

any such relief can be granted at such belated stage.

4.The writ petition is disposed of accordingly.