JUDGMENT

Shivaji Pandey, J. - Heard both sides.

2. With the consent of parties, both the cases are being heard together as in both the cases identical issue has been raised and, as such, they are being disposed of by a common order.

3. For convenience, the fact mentioned in the case of Rajo Singh and others vs. State of Bihar, C.W.J.C. No. 10305 of 2003 (herein after mentioned as "Rajo Singh case") would be taken into consideration. The Court will also take into consideration the fact mentioned in the case of Ram Krishna Jha and others vs. State of Bihar, C.W.J.C. No. 212 of 2004 (herein after mentioned as "Ram Krishna Jha case"), as and when required.

4. This Full Bench has been constituted on account of difference of opinion having arisen in two cases, recorded in order dated 13/10/2006 passed in C.W.J.C. No. 10305 of 2003 i.e. in the Rajo Singh case, wherein two views on regularisation have been referred to, one expounded in the judgment passed in C.W.J.C. No. 6212 of 1999 in the case of Uma Shankar Rai and others vs. State of Bihar, which has been approved by a Division Bench of this Court vide judgment dated 10.1.2001, passed in L.P.A. No. 1573 of 2000, (State of Bihar vs. Uma