IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4556 of 2011 Ambika Kumar Singh SON OF PRABHUNARAYAN SINGH RESIDENT OF MAHICHAK PUKHRAURA, P.S. ALAULI DISTRICT KHAGARIA. Versus The State Of Bihar & Ors . ----------- 2 22/07/2011 Petitioner was appointed as a Panchayat Rozgar Sewak. This is not a substantive appointment under the State but is an engagement on contract basis. Role assigned to such persons is to supervise the implementation of what is known as MANREGA programme. Since the object of this programme is to provide employment of 100 days in a year to all such persons living below the poverty line, naturally utilization of such work force and completion of the project by man power is integral to the programme. On an inspection made of Alauli Prakhand on 22.07.2009 in the various Panchayats, allegations were made that the work is being done by J.C.B. machine without utilizing man power of the village. Show cause was issued to the petitioner and on the authorities not being satisfied with his explanation decided to terminate the contract of the petitioner. The petitioner even approached the District Magistrate but the District - 2 - Magistrate too did not find favour with the explanation offered by the petitioner. Whatever be the submission of the learned counsel for the petitioner with regard to the legality or otherwise of the submission, this Court fails to understand as to why a writ application has been filed in such a case because petitioner is not a regular employee or holder of a civil post where a prescribed procedure under the Bihar Civil Services (Classification, Control and Appeal) Rules 2005 or Article 311 of the Constitution of India is required to be invoked. Contractual appointment if terminated in violation of the terms and conditions of the contract will not come within the ambit of consideration of a writ Court. If the petitioner is not satisfied with the termination of his contract, he has a remedy under the common law by going to the civil court of competent jurisdiction for the redressal of his grievance. This Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution in the above stated background. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -