IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1542 of 2009 NAVINDRA KUMAR, S/O LATE RAM RUP SHARMA, R/O VILLAGE-CHANDI, P.O. – NARHI CHANDI, P.S. – NARHI CHANDI, DISTRICT-BHOJPUR, PRESENTLY RESIDING IN QUARTER NO. D/6, STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, SHEIKHPURA, P.S. – SHASTRI NAGAR, DISTRICT-PATNA ……………… PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY AND COMMISSIONER, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 2. THE ADDL. COMMISSIONER-CUM-SPECIAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILEY ROAD, PATNA 3. THE DIRECTOR, STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, SHEIKHPURA, P.S. – SHASTRI NAGAR, DISTRICT-PATNA ………….. RESPONDENTS ----------- For the Petitioner: Mr. Shiv Mohan Saha, Advocate For the State: Mr. R. K. Choubey, S.C.-8 ***** 03. 01.08.2011 Heard learned Counsel for the petitioner and the State. Petitioner’s prayer is for a direction to the Respondents to regularize his service on the sanctioned vacant post of Electrician, in the Office of Director, State Institute of Health and Family Welfare, Sheikhpura, Shastri Nagar, Patna. Petitioner claims that he possesses requisite qualification for being appointed on the post of Electrician. He has continued on this post as a daily 2 wager for more than 7-8 years. However, a certificate, issued under the signature of Director has been annexed as Annexure -13 to show that petitioner is working on the post of Electrician for 10 years. Notification, dated 30.01.1996, indicates that under the World Bank Financed, IPP-7 Schemes, the State Institute of Health and Family Welfare had been established under the Department of Health and Family Welfare with an object to give induction training to Officers appointed in the Department of Health at the time of entering into service. This organization, which is known as the State Institute of Health and Family Welfare, twenty two posts were created vide Annexure – 4. Post of Peon-cum- Mechanic was also one of the post created for this Institution. Engagement against those posts, as per notification, have to be made on contractual basis @ Rs. 3,000/- per month. The notification and the resolution of the Government and the bye-laws of this institution, indicate that the institution was being financed by the World Bank and posts, created, will continue till financial provisions are continuing. Appointments against all these posts were not to be made on permanent basis, but on contract basis or on deputation. This fact is supported by the statement made in the Counter 3 Affidavit filed on behalf of Director, State Institute of Health and Family Welfare, Respondent No. 3. In para 4 of the Counter Affidavit, it has been stated that the State Institute of Health and Family Welfare is a society, registered under the Society Registration Act, 1860. The institution is functioning on the basis of fund provided by the World Bank, World Health Organization as well as different agencies of the State and Central Government, on project to project basis. The Director as well as other higher Officials of the Institute, working on deputation as per the project and the nature of the project. As and when, considering the work load, the posts are increased or decreased. If the work load increased, persons are engaged on purely temporary cum contractual basis till the completion of the work. This means that the nature of job, created for this institution are not permanent as such petitioner can not claim his regularization on the ground that he is continuously working for 7-8 years or 10 years, on a sanctioned vacant post. The Institution is not a purely Government Organization, rather it is a society, registered under the Societies Registration Act. Counsel for the petitioner submits that the petitioner is claiming his regularization in the light of the decision of State of Karnataka Versus Uma Devi as well 4 as several decisions of this Court in the matter of employees working in the Health Department. I find that those decisions had no application in the case of the petitioner for the reason that the posts itself are not permanent. There is no provision for permanent appointment against these posts, rather posts are to be filled up on contractual basis. In the aforesaid facts and circumstances, whatever be the length of petitioner’s service, I do not find any merit in his claim for regularization. At best he may continue on the post on a contractual basis, subject to his performance to the satisfaction of the higher authorities. In the facts and circumstances, the relief prayed by the petitioner can not be allowed. Accordingly, this application is dismissed. SKM (Mridula Mishra, J.)