Heard learned counsel for the petitioner and the State.

2. Through this writ application the petitioner seeks following reliefs:-

(i) To issue a writ of certiorari for quashing the order dated 10.3.1998 issued by District Education Officer, Siwan through letter no. 218 dated 10.3.1998.

(ii) to issue a writ of certiorari for quashing the order dated 25.6.2010 issued by Director, Secondary Education, Patna vide letter No. Sc. Ed. Etab. “kh” 51/2009 – 441 Legal Patna dated 25.6.2010.

(iii) To issue a writ of mandamus to Respondents authority to give effect of his own decision contain in Resolution of District Education Establishment Committee which was held on 23.6.93.

(iv) to issue a writ of mandamus commanding the Respondents authority to restore the services of the petitioner as Class IV post.

3. Petitioner claims to have been engaged on daily wages basis vide Annexure 2 dated 3.1.1986. It is claimed that subsequently the matter of the petitioner along with other persons was considered by the District Establishment Committee for regularization in view of the fact that all the persons including the petitioner had completed more than 240 days of continuous service as daily wage employee. The District Establishment Committee vide Annexure 3 had considered the cases and taken a decision for regularization, however, since the Headmasters of the concerned schools were the competent authority to take such decision in view of the Bihar Nationalised Middle Schools (Service Conditions) Rules, 1983, the matter was sent to the concerned Headmaster which is an order dated 9.9.1993 passed by the District Education Officer, Siwan in view of the decision of the District Establishment Committee.

4. Learned counsel for the petitioner has pointed out that there were six persons in the list (Annexure 4) and the petitioner was at Sl. No. 6 whereas one Pramod Kumar Singh, whose service had finally been regularized in view of the order dated 28.1.2002 passed in C.W.J.C. No. 1481 of 2001 and affirmed by the Division Bench of this Court vide order dated 17.12.2002 passed in L.P.A. No. 1245 of 2002 was at Sl. No. 1. It appears that finally vide Annexure 5 the petitioner’s service was regularized on the post of peon in the scale of 778 – 12 -955 – 14 – 1025 from the date of joining on temporary basis. From Annexure 5 dated 13.9.1993 it appears that petitioner had joined in place of Sri Mithilesh Prasad as due to his transfer to another school the concerned post was vacant. However, since the petitioner and others of the list, as contained in Annexure 4, were not being paid their salary, four of them including the petitioner approached this Court by filing C.W.J.C. No. 6779/1996. The writ petition was disposed of vide order dated 14.7.1997, as contained in Annexure 6, directing the District Education Officer, Siwan to place the matter of the petitioners before the District Education Establishment Committee for payment of salary of the petitioners in case their services have been regularized. It had also been made clear that if not regularized, their cases should be considered for regularization and if regularization is not possible then the Committee should consider the case of the petitioner for regular appointment against Class IV post if the same is made in future. However, vide Annexure 7/A the claim of the petitioner along with three others was rejected on the ground that their appointments had not been made following due procedure laid down in the relevant Rules. The Petitioner again challenged that order by filing C.W.J.C. No. 9981/1998 which was allowed to be withdrawn on 28.9.1999 with liberty to approach the appropriate authority. Thereafter, the petitioner again approached the District Education Officer, Siwan. However, it appears that the case of the petitioner was rejected and the petitioner had challenged the order passed by the District Establishment Committee by filing C.W.J.C. No. 10615/2000. It was submitted before this Court that