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2018 DIGILAW 530 (PAT)

Ganesh Paswan, Son of Late Tuntun Paswan v. State of Bihar through the Chief Secretary

2018-03-26

JYOTI SARAN

body2018
JUDGMENT : 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.