<. ^.<l?JrC: '•'•W^S3: ptes^^S^^"^ da *-- IN THE HIGH COURT OFJUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION N0. ^-t.a^'^- OF 2006 BETWEEN SINGLE BENCH 1. Smt.Patrika Dansena D/o Shri Babulal Dansena , aged about 32 years, originally appointed on the post of compounder on contract basis ,presently working at Tarkela , Block Raigarh , District Raigarh ,resident of Village Chapora, Via Malkharoda Tahsil and district Janjgir Champa (CG); 2. Chudamani Dubey S/o Shri Sant Dayal Dubey , aged about 35 jrears, originally appointed ori the post of compounder on contract •^ibasis ,presently Working at Govemment Ayurved Dispensary Tarapur, Block Raigarh , District Raigarh ,resident ofVillage and Post Putkapuri Tahsil and District Raigarh (CG). 3. Vijay Behra S/o Narendra Kumar Behra, aged about 32 years, ^oriffsiaOy appointed on the post of compounder on conta-act basis ,presently Working at Govemment Ayurved Dispensary Urba, Block Tamnar , District Raigarh (CG)r/o Jarekela, Via Tamnar District Raigarh (CG). 4. lish Sidar S/o Kanhaiya Lal , aged about 37years, originally appointed on the post of compounder on contract basis ,presently Working at Ulkhar, BIock Sarangarh , District Raigarh (CG), resident of Dahida Tahsil Sarangarh District Raigarh (CG). PETITIONERS VERSUS •fo. 1. State of Chhattisgarh, Secretary Department of Health Services , ^ D.K.S. Building RaipurfC.G.) A >SB. The Secretaiy, Panchayat and Rural Development Department, ^ ^D.K.S. Building Raipur (CG). 3. The Director , Directorate oflndiaa Medicine System and ^^ / O ^Homeopathy Chhattisgarh, Raipur Near D.K.S. Mantralay , Raipur ^f^/^' ^cG^--—7--—"' -— jCJ7/2)."° t^ ^5]^ 4" 9.istfict Ayurvedic OfGcer, Near Dr Vishveshariya Hostel, ^ ^Chakradhar Nagar Banglapara, Raigarh (CG). 5. The Collector, Raigarh (CG). tf^;;',y;55E 'oSM'sS^ '' X^''"""*'^^- The Chief Executive Officer, District Panchayat ( D.R.D.A.) Raigarh !i...-> •'''^"^l^J*H lv RESPONDENTS n ^•^-.3-':!'lol2^@' ''^StSXyw'srr pErmoN u/s 226/227 OFTHE coNSTrrunQNLQFiNDiA HI6H COUKT OF JUOICATURE CHHATTtSeABH^ BILASPUR Single Bench: Hon'bls Shri Satish K. Agnihvtri, J. Petitioners Respondents WMT^Fm30N N0. 4847 OT20Q6 5mt. Patrika Dansend & others Versus Stats of Chhattisgarh <& o'thers YJ Shri Y.V. PAman Rao, counse! for the petitioners. Shri Satish 6upta, Dy. 6oyt. Advocate for the State. OR D E R (Passed on 6th September. 2006) 1. Leamed counsei for the petitioners submits that the petitioners were appoin+ed on 23.9.98 (Annexure P/3) as Contract Basis and y their engcigement ars continuing. 2. The petitioners have filed this petition praying for a relief of reguhrization of their ssrvices. 3. On perusoi! of the papers, it is found that the appointments of the petitioners were not in accordeance with taw and as per constitutional scheme of emptoyment. There wcis no invitation to the public for making applica+ion for appointments to the said posts. The petitioners were chosen without any advertisenientor without callin9 his name from the Employment Exchange. It is, therefore, he!d that the appointments of the petitioners on contract bcsis are m violation of the constitutional scheme enshrined under Art-icles 14 & 16 of the Constitution of India and the same are void in law. 4. A constitutiona! Bench of the Hon'ble Supreme Court in the case. of Secretary. State of KarROtoka & others Vs. Umadevi (3) and others {(2006) 4 SCC 1} clearly held that absorption, re9u!i!"izat!on, or permanent con+inuance of temporary, contractual, csisual, daily-wuge or ad hoc employees uppointed/recruited and contmued for tong in pubtic employment dehors the constitutioncl scheme of public employment create another mode of pubiic eRiployment which 's not permissible. In the present cose, the peti+ioners are daily wagers oind are not c^pointed 'm accordance with taw ond as per the constitutional scheme of the publ'c empioyment. Thus, they do not acquire any right for regularization. 5. For the reasons stnted obove, th's petition is dismissed. No order Bablu as to costs. Sd/- Satish K. Agnihotri Judge