HIGH COURT OF HHTTISGAH BILASPUR. Writ Petihbn 1S! No. 2999 of 2009 Dhanuxjay Sahu S/o Fakir Sahu, agéd about 27 yeam, working as Cook, at Aadiwasi Balak Ashram Dhauradr ha. Mahendra Sahu S/o Padum Lal, aged about 23 yew, working as wate man, at Government Pre Hostel Badenaw ara. Vidyadhar Yadav s/o Dhobar , aged about 35 yars, working as Wat an at Girls Hostel, 'Baramkela. _ Ravishankar Sarthi S/o Vidyadiiar, aged about 24 yeals, workmg as Watchman, at Glrls Hostel Bar Umesh S/o Teklal aged. about 23 vears, workmg as Watchman, at Glrls Hostel Sanya Karmlha Sahu S/o Sampat aged about 26 years, woxkmg as Watermait at Guls Hostel Bar Shyam Sunder S/o Dwari, aged about 30 yeaxs, working as Watchman at Balak‘ Ashram, Kenabhantha. Bhagiathi Sahu S/ o Virtan, aged about 37 years working as Waterman at Bala Ashram Dhauradarha V1dyadhar Yadav S/o Ghas1ya, aged about 25 years workmg as Waterman, a Balak Chhaixawas, Bar. Smt. Rambhawati-Yadav, W/o Vidyadhar, aged about 30 years, worldng as‘Cook, a Girls Hostel‘ Baramkela. Ravicharan Bariha S/o Ghasiram, age about 33 years, working as Watchman a Balak Chhatrawas, Bar. Bhojram Sarathi S/o Laxmi Prasad, age about 22 years, working as Waterman at Balak Chliatrawas, Gobarsingha. Basant Sahis S/o Ramdayal, aged about 24 years, working as Cook, at Balak Chhatrawal Sariya. Churamani Patel ,S/o Arjun, aged about 24 years, working as Waterman at Balak Chhatrawas Baramkela. Tiharu Chauhan, S/o Dasoram, age about 39 years, working as Cook‘at Balak Ashram, Dhauradarha. ’Ghanshya Bariha S/o Usharam, aged about 33 years, working as Waterman at Girls Hostel, Lendhra‘, Ku. Usha Dansena Djo Rangballabh, aged ‘about 23 yeam, working as Waterman, at Girls Hostel Lendhr. PETITOINERS CAR [ k t t d t d d a Dé 18E. Smt. Kailash Sarthi Wfo Sam , aged about 24 years, working as Cook, at Girls 3 Hostel, Lendhra. 19>. Ashok Sarthi S/o Ram Sai, aged about 28 ‘ yaars, working as watchman a1; Girls Hostsl, Lendhra. Suraj Kumar Sahu S/o Jagatram, aged about 30 yeam, working as Watennan at Balak Ashram Chhatrawas, Padakigeopa. Laxman Sidar S/o Maharathi, aged about 30 years, working as Waterman, aJL Balak Ashram Kenabhana. i Rajkar Banjara, s Pralad aged u 26 years, working as Waan at diwas ala ram, Dhaudah Say Pradh S! o Manar, age about 2 r atan at Aad aak shra huaa Gh hau aged about ears worki as o t irls' ’ ose Ba. Deepa Chauhan / Ghu aged abo years, workg as o a Balak ut 25 in Cok t sr enabhatha. m. e ’/ Haldhar, o 25 ye, workin ook i ostl alhea! He, Son Asok Sas j Ser age at years, wo a Coo at al ' hhatrwas, Bonda. Ca Darshan’ Kujur S ar'r aged aut 3 ear wking as Waerman Kay Ashram, Jh , Banshar atel o kradhar Aged about 27 ars worg as nan t Gls tel, Salhna. Bhahirathi ada S Prasa, ed about 25 years, wor a atchman, at Balak Chharawal obarsinda. Setkuar Yadv iuetan, ed ab 21 ars, wor as ahman a Balak Chhatrawas, Bon Boram sha S Jo aged about yrs, wor er at s Hstel Saeon sr Sj Nr Dh ,Dineh Dansena o aad ansea, a 2 years, wking ged about 3 or as ' Wn, tGls o aterma air Hstel Bonda. th um /o hL abot term Aai Bk Ash rara. anj an oh & 7 years wokmg as Werm lwam Bl Am Dardrha urau Chan 8/0 Nankwam 32 y; ng Cok a G Htl, ond k So ura,‘ Aham ,Kn h arthi /o a h a Santos S S Mndal Sing, ged about 35 yr wki Co a ala ea, orng as ok t Bk Chatrawas, iIniaJi. h Bp St Nema Sam1e Wo aged abut ars g as C at Grls J Yadav er Sa g but airam Sf o Sund i, aed ao 6 yars wkng as Wathman a Girls Saheoa 2 e, ori c t Hostel ln h hl So tam d bou 32 rkmg s k Bak /o Knkam, bo O ys or t at na al hld P S/ Cha ye, km Waten a ir Hos eo g YV / o Ramtd ag king s W t Gh m a S/o Mk ag out ye king Wtc t da ol Nid /o glram 23 ea king as Watman Girl o lha Shankar Lal Dansena Sfo Jagdish, aged about 23 ems, working as Waterman at Balak Chhatrawas, Dongripali 1 Ragkumar Yadav Sic Laht aged about 21 ycars, workmg as Cook at Prej‘matnc Baramkela 38‘ T1karam S1dar Sjo Raspal aged a out 23 1‘ years, workmg as Watcrman at Balak Chhatrawas, Badenawapara Rammilan Sahis S/o Dayaram, ' aged about 23 years, working as Cook at Balak 'Chhatrawal Dongnpah Chamru Sarthl S/o Daduram age about 24 years workmg as Watchman a Bedak Chhatrawal Bnnlpah I Smt Bgah Sonwaxu W/o Churamam, aged about 24 years, worlung as Waterman, at Glrls Hostel Salheona Chetan Sartbl S/o Babu Lal aged about 27 years workmg as Watchman at Balak Ashram Padakldeepa antosh Sarthl S/o Ja11a1 aged about 0 years, worlang as Waterman, at Balak Ashram Jhal Rajaram Behra S/o daaram, aged about 27 years, workmg as Cook at Pre Mamk Balak Chhatrawal Bade Nawapara ’ RaJesh Dansena S/o Bharat Dansena, aged about 29 years, workmg as, Watchman, at Balak Chhatrawas, Sanya Smt Shyama Dansena W/o Tula1am, aged about 33 years, Working as Watchman, at G1rls Hostel Bonda Smt Umawat1 Yadav Wio Sadhuram, aged about 27 years, Workina as Waterman, at (Earls Hostel Baramkela Smt Manorama Dansena Wfo Babalu, aged about 26 years, Worklng as Waterman, at Curls Hostel Bonda Smt Parwatl Saral W/o Nehru aged about 27 years, working as Waterman at Balak Ashram, Kenabhantha. All Tahsil aramkela, District Raigarh (C.G.) RESPONDENTS State of C‘hhattlsgarh Through Secretary Department of Tnbal Welfare and Development, D.K.S Bhavan, Ralpur (C.G.) Commissioner, Schedule Caste and Schedule Tribe Development, Raipur (CG) ' ‘ v Collector (Tribal Development Branch) Raigarh(C G) .1 Chief Executlve Oft'lcer,Janpad Panchayat Baramkela District Raigarh (C G) r 7 B (SB' Hon’ble Shri Satish K Ag I I I F I > I I > I x WRIT PETITON UNDER ARTILLE 226 OF THb CONSTITUTION OF INDIA n otn J ) S1111 Saurabh Shanna Advocate for tbs peuuonsrs. Ms Smltfa Ghal, Panel Lawyal for the respondents No. 1 to 3. I o R D E R (oral) (Passed on this 26th day ofJune; 2009) Heard The potmoner mpugns the order dated 5 6 2009 (Armexure P/ 1), whereby the State Government has dec1ded to make selec’uon for appomtment 011 vanous posts, Wherever vacanmes are available. The ‘ petitioners further impugned the advertisement dated 19.6.2009 (Annexure P/ 2A). The petitioners are not in a position to establish asto Whether their appointments were through proper selection process or they were appointed on the basis of application made by the petitioners. No appointment order has been passed in regard tor the petitioners, however, on the basis of attendance register it is submitted by learned counsel that the petitioners have been working ‘It appears that the petitioners may have been engaged on casual basis, as contingency paid employees. They were never appointed in acCordance withtthe constitutional scheme of employment. The nature of appointment of the petitioners appears to be purely on daily wages. The same was not done in accordance with rules and as such, the petitioners do not acquire any right toith‘e posts.‘ It is well settled piinciple of law . by a catena of decisions that an employee appointed de—hors the I constitutional scheme of employment and not in accordance Wlth law, has no right to contmuah'on, reinstatsment or § régularization in S6rvice. This is also not the case of the N. peu'tioners that th6y were legally ap ointed, in acconlance with law. It is clearly established thaEhthe apgointment of the law. petitioners was not in accordance wi In View of the above, I do not $1d y merit in this writ petition. l a The Writ petition is dismissed, accordingly. HOW6V6r, libaty is reserved'to The petitioners to partieipate in the fresh selection t ces if so advd. pros, ise ‘ j , ~Sd/-. ‘ I satish K. Aghihotri u Judge i j: ' L