CIVIL WRIT JURISDICTION CASE No.12187 OF 1999 WITH CIVIL WRIT JURISDICTION CASE NO.10924 OF 2000 ****** In the matter of applications under Article 226 of the Constitution of India. ******* In C.W.J.C. No.12187 of 1999: SHASHI BHUSHAN KUMAR MUKUL, son of Sri Man Mohan Shrivastava, resident of Mohalla- Mohan Nagar, P.S. Chapra, District- Saran. ……. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Commissioner-cum-Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna. 3. Executive Engineer, Engineering Cell, State Family Welfare Bureau, Rajbanshi Nagar, Patna-23. ….. Respondents. ******** For the Petitioner: Mr. Suman Kumar, Advocate with Mr. Vijay Kumar and Ms. Rajani Kumari, Advocates. For the Respondents: Mr. Anil Kumar Jha, G.A.-2 with Mr. S.K. Mishra, A.C. to G.A.-2. ******* In CWJC No.10924 of 2000: KRISHNA KUMAR SHARMA, son of Sri Gaya Prasad Sharma, resident of village- Manikpur, P.O. Parsauni Kapoor, P.S. Kathaiya, District- Muzaffarpur. …… Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Commissioner-cum-Secretary, Health and Family Welfare Department, Govt. of Bihar, Patna. 3. Executive Engineer, Engineering Cell, State Family Welfare Bureau, Rajbanshi Nagar, Patna-23. …… Respondents. ******* For the Petitioner: Mr. Suman Kumar, Advocate with Mr. Vijay Kumar and Ms. Rajani Kumari, Advocates. For the Respondents: Mr. Anil Kumar Jha, G.A.-2 with Mr. S.K. Mishra, A.C. to G.A.-2. ******* 2 P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA ******* S.K. Katriar, J. We shall first take up C.W.J.C. No.12187 of 1999. This writ petition has been preferred to quash the order dated 21.5.1998(Annexure-4), as well as the order dated 14.10.1999 (Annexure-7), whereby the services of the petitioner as work-charged employee was dispensed with. 2. According to the writ petition, the petitioner was appointed as a muster-roll typist in the office of respondent no.3 with effect from 16.7.1987, by office order No.32, dated 17.7.1987. The petitioner was absorbed as such by office order No.57, dated 11.8.1989. It is further stated in the writ petition that the petitioner figured in the list of work-charged employees at serial no.2, dated 11.8.1994. He was suddenly served with Memo no.146 E.C., dated 21.5.1998, and impugned herein, whereby his services were dispensed with leading to C.W.J.C. No.4023 of 1999. The same was disposed of by order dated 25.8.1999, whereby respondent no.2 was directed to consider and dispose of the petitioner’s grievance by a reasoned order. In compliance of the order of this Court, respondent no.2 has disposed of the petitioner’s representation by an exhaustive order and has rejected his claim. 3 3. It appears to us on a perusal of the materials on record that the petitioner had last worked till 21.5.1998. Furthermore according to the petitioner’s own case, he had last worked as work- charged employee. We are of the view that a work-charged employee has no enforceable right for continuance in service, let alone permanent absorption. We, therefore, do not find any merit in this writ petition. It is accordingly dismissed. 4. We now take up C.W.J.C. No.10924 of 2000. The facts and circumstances of C.W.J.C. No.10924 of 2000, are identical, though with minor variation of facts which are inconsequential in the present context. This writ petition is dismissed for the reasons assigned hereinabove. 5. Both the writ petitions are accordingly dismissed. In the circumstances of the case, there shall be no order as to costs. (S K Katriar, J.) Birendra Prasad Verma, J. I agree. (Birendra Prasad Verma, J.) Patna High Court, Patna. Dated the 19th day of November, 2010. S.K.Pathak/ (NAFR)