/-I •a, c / ^^ff{ TN THR HTGH COURT OF .JUDICATURE CHHATTISGARHAT W.P.NO. 3 BILASPUR *(• •»:•' / 2QQ6 Petitioner •Sl; •-^ ^. Daulat Ram Banjare Aged about 41 years .,.<°^<yv' S/o Late Shri Budhram :'.-<"w..y"y - Banjare, R/o Composite ..•'•'*m<sv>'-'""" ..-^" Building, Occupation ^•"'Iw^^ ^^>- ,SS&''' Respondents Versus ^:1, 3. /4. (Temporary) Chowkidhar in P.W.D, National Hiehway Division, Bilaspur-fC.G.j State of Chhattisgarh Through - The Secretary Public Works Department, D.K.S Bhawan, Raipur. Dist: Raipur - (C.G.) The Chief Engineer (Pramuk Abyanta) P.W.D. Chhattisgarh govemment Sirpur Bhawan Civil Line Raipur, Dist: Raipur-(C.G.) The Chief Engineer P.W.D. National Highway and Bridge Sub Area near Pump House Chowk, Raipur-(C.G.) The Superintendent Engineer P.W.D.National Highway Division, Composite building, Baaspur-fC.G.) WRIT PETITION U/A 226 / 227 OF THE CONSTITUTION OF INDIA ^ HI6H COURT Cff JUDICATURE CHHATTIS6ARH: BILASPUR Single Bench: Hon'bt®Shri Satish K. Agnihotri, J. W. P. No. 388 of 2006 Petitioner : Daulat faun Banjare Verais Re^»ondents : State of Chhatf-isgarh & Others Shri Suredi Kumar Verma, counsel for the petitioner. Smt. Anju Ahuja, t>y. Govt. Advocate for the respondents/State. ORbER (6th November, 2006) 1. The petitioner vms appointed on temporary basis as Chowkidar vide order dated 14.2.1990 (Annexure P/l). The terms and conditions of the oppointment clearly provide that the appointment was purely temporary ui nature and the same would have to be removed ony time with one month's notice. 2. The petitioner, while working on the post of peon on temporary basis, made a representation to the Executive Engineer, Public Works Department, National Highway Division, Narmada Nagar, Bilaspur on 6.8.2004 (Annexure P/2) for re9ularization of his service. 3. The petitioner has filed this petition seeking following relief, "7.1 That this Hon'ble Court may kindly be pleased to direct the respondents to regularize the petitioner on the same post which he is working or the respondents be further directed to absorb the petitioner in the post of Peon or L.&. C. in the regular establishment." ^—.--.T— 4. The respondents/5tate, in their reply, stated that the petitioner was oppointed in the Work Charged Establidiment on temporary basis. The oppointment of the petitioner being^femporary does not entitle to regularize/absorb in the reguhr service. It is further submitted that the petitioner is not entitled to relief of regularization on the ground that some other persons have been regularized. 5. I have heard leamed counsel for the parties and perused the petition, peply and onnexures oppended Itiereto. 6. The Constitutional Bench of the Supreme Court in the case of Secretary, State of Kamataka and Others Vs. Umadevi (3) and Others held 1+iat the temporary employees appointed/recruited de- hors the constiliitional scheme or not in accorctance with rules ond other statutory provisions, is not entitled to continuation and regularization on the basis of continuous employment for a long period. It was fater on followed by the Supreme Court in several decisions, some of them are Accounts Officer (A&I) A.P. SRTC and Othere Vs. P. Chandra Sckhara Rao and Others , Surinder Prasad Tiwari Vs. U.P. Rajya Krishi Utpadan Mandi Parishad and Others3. 7. For the reasons stated above, the writ petition stands dismissed. No order as to costs. Sd/- S. K. Agnihotn Judge Babki 1{(2006) 4 SCC 1} 2{(2006) 7 SCC 488) 3{(2006) 7 SCC 684}