(1.) HEARD the parties finally.
(2.) PETITIONER has prayed for a direction to pay his arrears of wages/salary amounting to Rs. 61,433.10 for the period 1.8.1998 to 30.9.2001 calculated in letter dated 9.11.2001 (Annexure 17) and also further wages from 1.10.2001 to 18.6.2002. Petitioner has further prayed for quashing the order of his termination; and for his regularization in view of circular of Government of Bihar dated 18.6.1993 and several orders by this Court from time to time.
(3.) IN view of the Constitution Bench Judgment (2006) 4 SCC 1 The Secretary, State of Kernataka v. Uma Devi, now no direction can be issued in his writ petition to consider petitioners case for regularization. Therefore, the earlier orders passed by this Court is of no help to the petitioner. The grievance of the petitioner, that before termination, opportunity of hearing should have been given to him also cannot be accepted. In view of the aforesaid facts and circumstances, the Division had to disengage the daily wagers as a matter of policy. Moreover, it has been held by the Supreme Court in the Case of Uma Devi (Supra) that daily wagers have no right over post aid therefore it was not necessary to give opportunity of hearing, before disengaging him. It has been further held in Paragraph 16 of (2006) 4 SCC 430 R.S. Garg, etc. that even the Government cannot make rules or issue any executive instruction by way of regularization. Therefore, the said circular dated 18.6.1993, is also of no help.