Judgment 1. This application has been filed by the petitioners for regularisation of their services, as they are continuing as Sepoys since 18th June, 1983 and 22nd June, 1983 respectively. Further prayer has been made to set aside the order dated 1st April 98 (Annexure-15), whereby and whereunder, the Respondents- State have rejected the claim to 1 relax the height and chest of a person if found to be less more than 2.5 cms. The fact as pleaded and not denied by the Respondents is that the petitioners were engaged as daily wage Sepoys after selection through a Committee on 18th I June, 1983 and 22nd June, 1983 respectively. They have been posted in Special Battalion (Home Guard) and are still on roll. 2. Previously, the petitioners and others moved this Court for regularisation of their services in C.W.J.C.No.8545/91 (Surendra Prasad Singh & others vs. State of Bihar and others), when the Court vide its judgment and order dated 3rd January, 1996, directed the Respondents to take, a final decision in the mat ter of absorption. 3. The grievance of the petitioners is that though the Respondents have absorbed a number of daily wage Sepoys on regular basis, but no such order has been issued in respect of petitioners. One of the reasons seems to be that the petitioners have lessor height/chest, as prescribed under the Rule. 4. The applications for appropriate relaxation of height/chest as were made on their behalf having rejected, vide order dated 1st April, 1998, the same has been challenged. 5. In the present case, as admittedly, the petitioners are still on roll and continuing for last 17 years, the Respondents cannot deny regular appointment on the ground that they do not possess, the requisite height/chest. If they have performed duty with utmost integrity and in proper manner for last 17 years, instead ot rejecting their claim, the Respondents should have relaxed appropriate height height/chest of the petitioners for taking them in the regular services of the State, such powers having vested with the competent authority in terms with Rule framed under Article 309 of the Constitution of India. 6. For the reasons aforesaid, while I set aside the impugned order, contained in letter dated 1st April, 1998(Annexure-15), remit the matter to the Respondents to consider the cases of petitioners for their regular appointment against appropriate posts of Sepoys/Constables, after relaxation of height/chest, if so required. 6. For the reasons aforesaid, while I set aside the impugned order, contained in letter dated 1st April, 1998(Annexure-15), remit the matter to the Respondents to consider the cases of petitioners for their regular appointment against appropriate posts of Sepoys/Constables, after relaxation of height/chest, if so required. They should be given preference over the outsiders, having worked for 17 (seventeen) years. 7. A decision, in this respect, be taken and communicated to the petitioner within three months from the date of receipt/production of a copy of this order. 8. The writ petition stands disposed of with the aforesaid observations/directions.