JUDGMENT : Pramath Patnaik, J. In the captioned writ application, the petitioner has inter alia prayed for direction upon the respondents for regularization of 125 daily wagers in service who has worked continuously 10 years in different prisons in the State of Jharkhand out of 312 daily wagers and for issuance of direction to make equal pay for equal work of 312 daily wagers, who are working on different posts in different jails. 2. Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Sumir Prasad, learned S.C. I for the respondents. 3. Learned counsel for the petitioner submitted that 'Jharkhand Rajya Kara Dainik Karmi Association' (in short 'Association) is a registered association of daily wagers working in different jails within the territorial jurisdiction of State of Jharkhand and all 312 daily wagers were members of the Association. However, after filing of the writ application and during pendency of writ application, some of the writ petitioners quit their job and some were terminated from duties; and as on 02.01.2019, 253 daily wagers are working in 26 jails of State of Jharkhand including Prison Inspectorate, Jharkhand, Ranchi, out of which 185 members have completed more than 10 years and rest 68 members have completed 5 years. Learned counsel for the petitioner further submitted that the petitioner-association has time again had made a request by way of submitting application for equal pay for equal work to all daily wagers working in different prisons at par with other employees of same and similar functioning of work in another Department, but, it did not make any difference. On their application, though on direction of higher authorities, the Inspector General of Prison was directed to take necessary action in this regard but the matter lost its fate. Furthermore, the Inspector General of Prison vide memo dated 25.06.2014 has admitted and that even they used to arrange and make available Computer Operator, Data Entry Operator etc to different offices of Government of Jharkhand. It has further been submitted that as per the provision of law, as mentioned in Bihar Jail Manual, in particular Chapter V Section 1-“61. Subject to the orders of the Inspector-General the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.”, the respondents-authorities are competent enough to regularize their services and make equal pay for equal work. Subject to the orders of the Inspector-General the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.”, the respondents-authorities are competent enough to regularize their services and make equal pay for equal work. To substantiate his argument, on the point of equal pay for equal work, learned counsel for the petitioner referred to the decision rendered in the case of State of Punjab & Ors. Vs. Jagjit Singh & Ors. as reported in (2017) 1 SCC 148 . 4. Learned counsel for the petitioner submitted that in W.P. (PIL) No. 6125 of 2017, it has come to surface that there are large number of vacant posts and now the respondents-authorities are floating advertisement to fill up the vacant post, as evident from Annexure 40 and 46 of the writ application, thereby the litigate right of the daily wagers shall be swapped away; therefore, to meet the ends of justice writ of mandamus be issued for regularization of services of the petitioners, as per law laid down in the case of Secretary, State of Karnataka & Ors. Vs. Umadevi & Ors. as reported in (2006) 4 SCC 1 and in the case of Narendra Kumar Tiwari & Ors. Vs. The State of Jharkhand & Ors. as reported in (2018) 8 SCC 238 . 5. Learned counsel for the petitioner further submitted that some posts may not have been sanctioned but the petitioners are working/functioning similar nature of work like computer operator are discharging the same nature of work as of Lower Divisional Clerk so as other posts. So far sanctioning of posts for a cadre is concerned, it is exclusive domain of the State. In the case at hand, the State did not choose to create cadre but chose to make appointments of persons creating contractual/daily wagers relationship and their appointment in such mode was never terminated meaning thereby the Stare are in need of those posts and persons who are discharging their duties for long period of time. Hence, a direction may be given to the State to create such posts, if not sanctioned, on the basis of rational need and failure of the executive government to apply its mind and take a decision to create posts would be arbitrary action on the part of the State. Hence, a direction may be given to the State to create such posts, if not sanctioned, on the basis of rational need and failure of the executive government to apply its mind and take a decision to create posts would be arbitrary action on the part of the State. In the case at hand, as per Bihar Jail Manual and other provisions of law, the appointment of the petitioners have been done in consonance with the statutory provisions. In support of his submission, learned counsel for the petitioner referred to the decision rendered in the case of Nihal Singh & Ors. Vs. State of Punjab & Ors. as reported in (2013) 14 SCC 65. 6. As against this, learned counsel for the respondents fairly submitted that some of the contingent menials are engaged before creation of sanctioned posts however, some of them have been engaged after sanction of posts. The matter of regularization of these contingent menials is the policy matter of government and case of the individuals shall be considered in the light of notification dated 13.02.2015, which relates to regularization of irregular appointment under Jharkhand Government Regulation-2015” and has been framed pursuant to direction passed by Hon'ble Supreme Court in the case of State of Karnataka & Ors. Vs. Uma Devi & Ors. 7. From the pleadings available on record, it is evident that there are 27 jails in the State of Jharkhand viz. 5 Central Jail, 17 District Jail, 5 Sub-Jail and One Open Jail-cum-Rehabilitation Centre, Hazaribag and as per averments made in the writ application altogether 312 daily wagers, who were members of the Association, are before this Court, out of them, some of the writ petitioners have quit their job and some were terminated from duties; and as on 02.01.2019, 253 daily wagers are working in 26 jails of State of Jharkhand including Prison Inspectorate, Jharkhand, Ranchi, out of which 185 members have completed more than 10 years and rest 68 members have completed 5 years. Admittedly, these daily wagers/contingent menial have been engaged in different jails by the Superintendent of Jail for various needs based on purpose like Sweeper, Barber, Swing, Instructor, X-ray Technician, Driver, Computer Operator, Electrician, Video Conferencing Operator, Temporary Female Warder, Lab Technician, Plumber, Gardner, Generator Operator etc. 8. Basically, there are two-fold prayer of the writ petitioner; (i) equal pay for equal work; and (ii). 8. Basically, there are two-fold prayer of the writ petitioner; (i) equal pay for equal work; and (ii). 125 daily wagers, out of 312 daily wagers in different prisons in Jharkhand since 10 years should be regularized. 9. From the pleadings available on record and fair submission advanced by both sides, it appears that some daily wagers have been engaged before creation of sanctioned post whereas some have been engaged after sanctioned posts but at the same time it cannot be denied that the respondents continuously took work from them meaning thereby the State was in need of those posts. There is no gainsaying of the fact that sanctioning of post is exclusive domain of the State but simultaneously the State on the basis of rational need is required to apply its mind and take a decision to create posts for welfare of its citizen, in particular the persons who are discharging their duties for more than a decade. View of this Court gets fortified by the decision referred above in the case of Nihal Singh (Supra). 10. So far matter of equal pay for equal work is concerned, as per the law laid down in Jagjit Singh (Supra) case, the Hon'ble Apex Court has held that temporary employees are also entitled to regular pay-scale on account of their performing same duties as discharged by regular employee. In the case at hand, the petitioners are said to be daily wagers their cases does not come in the purview of Jagjit Singh (Supra). However, it is up-to the State to give the emolument/payment/honorarium, whichever applicable to all and similar category of daily wagers. 11. So far regularization of those daily wagers, who have completed 10 years regular service is concerned, the Hon'ble Apex Court in the case of Umadevi (Supra) and in the case of Narendra Kumar Tiwari (Supra), has elaborately dealt with the issue and in the case of Narendra Kumar Tiwari (supra) has in unequivocal terms has held that if the petitioners/daily wagers have completed 10 years of service they should be regularized unless there is some valid objection to their regularization. 12. 12. As a logical sequitur of the aforesaid facts, reasons and judicial pronouncements, the respondents are directed to examine the individual case in the touchstone of above-referred decision and discussions made herein above and take appropriate step for regularization of daily wagers, who are in service and have worked continuously 10 years in different prisons in the State of Jharkhand as expeditiously as possible and come out with a concrete decision. So far prayer for equal pay for equal work is concerned, the State without discrimination among similar group of persons, is expected to give the emolument/payment/honorarium, whichever applicable to all and similar category of daily wagers. 13. With the aforesaid observations and directions, the writ application stands disposed of.