IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1067 of 2011 In Civil Writ Jurisdiction Case No. 4797 of 2011 ======================================================= 1. Birendra Kumar Singh, son of Sri Jagdish Singh, resident of New Mainpura Kharanja Road, Danapur, District- Patna. 2. Prithwiraj Pandey, son of Sri Narendra Pandey, resident of village- S.K. Puran, Lane No.7, RPS More, Danapur, District- Patna-801503. 3. Siya Sharan Sahu, son of late Guru Charan Sahu, resident of Mohalla-Arya Niketan, Near Guaria Math, Gardanibagh, P.O.-GPO, District- Patna. 4. Ashok Kumar Singh, son of Ram Dhari Singh, resident of Mohalla- New Mainpur, Danapur Cantt., District- Patna-801503. 5. Shrawan Kumar Lal Karn, son of late Nokhe Lal, resident of Satguru Electrical Jandaha Road, Paswan Chowk, Hajipur, District-Vaishali. 6. Mukti Nath Mishra, son of Sri Diwakar Mishra, resident of VPO, Sughrain, District- Darbhanga. 7. Yogendra Upadhyay, son of Sri Sidh Nath Upadhyay, resident of village- Barka Dhakaich, P.O.Barka Dhakaich, District- Buxar-802133. 8. Kameshwar Dubey, son of late Lal Mohar Dubey, resident of village and P.O.Barka Dhakaich, District- Buxar-802133. 9. Upendra Prasad Yadav, son of late Basudeo Prasad Yadav, resident of village Panapur, P.O.-Kanahauli, District-Vaishali-844122. 10. Lakshman Yadav, son of Sri Baleshwar Yadav, resident of village- New Mubarakpur, P.O. Danapur, District- Patna-801503. 11. Prahalad Dubey, son of late Suresh Dubey, resident of village and P.O. Barka Dhakaich, District-Buxar-802133. 12. Md. Irsad Alam Mallik, son of late Bari Mallik, resident of village Mainpura, Rajapul, P.O.-GPO, District-Patna-800001. 13. Din Bandhu Prasad, son of Shiv Lagan Mahto, resident of village- Kayam Nagar, P.O. Kayam Nagar, District-Bhojpur-802314. 14. Santosh Kumar, son of Sri Ramdeo Sao, resident of village Mohiuddinpur, P.O. Beswak, P.S.Islampur, District- Nalanda-801303. 15. Dinesh Singh, son of Sri Paras Singh, resident of Lekha Nagar (Behind Devi), Khagaul Road, P.O.Khagaul, District-Patna-801105. 16. Bimleshwar Kumar, son of Ganauri Sharma, resident of village-Banauli, P.O.Banauli, District- Patna. 17. Munna Prasad, son of Deo Lal, resident of village Kothawan, P.O.Khagaul, District- Patna-801105. 18. Shiv Narayan Singh, son of late Bhujangi Singh, resident of Shreepur, P.O. Maniamor, P.S.Naugachhia, District- Bhagalpur-853204. 19. Sudhir Kumar, son of Sri Anandi Thakur, resident of village Lahladpur Patahi, P.O. Patahi, District- Muzaffarpur. 20. Jagnnath Singh, son of Trilok Nath Singh, resident of village Bhikhanpura, Jagatpuri Colony, District- Muzaffarpur. 21. Amar Nath Jha, son of late Auodhya Nath Jha, resident of village Lenin Chowk, Majhaulia Road, P.O. & District-Muzaffarpur. 22. Hirdyanand Singh, son of late Raj Grishi Singh, resident of village Barauna, P.O.Ossaee, District- Bhojpur. 23. Pratap Mandal Akela, son of late Sadho Mandal, resident of villagte & P.O.Gaurabdih, P.S.Sangrampur, District- Munger. 24. Bindeshwari Prasad, son of Mahabir Prasad, resident of village and P.O. Lohchi, P.S. Haveli Kharagpur, District- Munger. Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 2 / 10 2 25. Sita Ram Singh, son of late Bhavesh Chandra Singh, resident of village & P.O. Jamalpur, P.S. Jamalpur, District- Munger. 26. Krishna Nand Singh, son of Jang Bahadur Singh, resident of village Bishai, P.O.Manikpur, District- Munger. 27. Jayant Prakash, son of late Jagdish Chaudhary, resident of village Thana Road, Shyam Bag, P.O. Sultanganj, District- Bhagalpur-813212. 28. Sudhir Prasad Singh, son of late Arjun Singh, resident of village Chandanpur, P.O.Muktapur, District-Muzaffarpur. 29. Harendra Kumar Tiwari, son of late yogendra Tiwari resident of village- Sheopur, P.O. Sheopur, District- Rohtash. 30. Arun Kumar Sharma, son of late Raj Narayan Thakur, resident of village Indrapuri Colony, Road No.2, P.O. Ramana, District-Muzaffarpur. 31. Arjun Kumar Singh, son of late Jay Narayan Singh, resident of C/o Ajit Kumar, village-Kaliket Nagar, Near D.P.S. Bailey Road, P.O. Danapur, District-Patna 801503. 32. Madhaw Tiwary, son of late Nityanand Tiwary, resident of village Amnour Agnawan, P.O.Amnour, District-Chapra. 33. Vijay Prasad Singh, son of late Garbhu Prasad Singh, resident of village Ambedkar Path, near Tenpulva Chandpur Bela, P.O.GPO, District- Patna- 800001. 34. Prahalad Singh, S/o Sri Bachu Singh, R/o Village-Hiraman Bigha, P.O.- Sarta, District-Jehanabad. 35. Om Prakash Singh, son of late Deo Nath Singh, resident of village Pakriya Bar, P.O.Chandawa, District-Bhojpur. 36. Sheo Narayan Singh, son of Bhokali Singh, resident of villagge New A.G. Colony, Near Blue Bells School, Khagaul Road, P.O. Danapur, District- Patna-801503. 37. Mohan Jha, son of late Rama Kant Jha, resident of Gaya Sagar, South of Marwari College, Lal Bagh, District-Darbhanga. 38. Sheo Narayan Yadav, son of late Harihar Rai, resident of village Amnabed, P.O. Katesar Palia, District-Patna. 39. Lalji Prasad, son of late Bhagwan Ram, resident of village Kesheriya, Purani Bazar, P.O. Kesheriya, District-East Champaran-848504. 40. Ajay Kumar Singh, son of late Sarjug Prasad Singh, resident of village Balaji Nagar, P.O. Danapur Cantt. District- Patna-801503. 41. Ram Naresh Singh, son of late Jagdeo Singh, resident of village Manopur, P.O.Manopur, District- Chapra. 42. Mahendra Singh, son of Sri Radha Kishan Singh, resident of village Kolhai, P.O. Akorigola, District- Rohtas. 43. Ram Swarth Choudhary son of late Ram Lagan Choudhary, resident of village and P.O.Jorpura, District-Samastipur-848504. 44. Kaulesh Kumar, son of late Jamuna Singh, resident of village Moriyawan, P.O.Hazrat (Sai), Dhanrua, District- Patna-804451. 45. Ramakant Sharma, son of late Brijnandan Sinha, resident of village Bhawanpur, P.O. Ark Dhibaria, District-Patna. 46. Umeshwar Sao, son of late Prasadi Sao, resident of village Ghugari Tar, near Masjid, P.O. Chand Choura Civil Lines, District-Gaya. 47. Balendra Prasad Sharma, son of Anirudh Sharma, resident of village Semira Jamsad, P.O.Bhodwa Bazar, District-Aurangabad. 48. Satish Kumar Verma, son of late Basudeo Prasad Verma, resident of village Maranchi, P.O. Parayea, District-Gaya. 49. Bali Prasad Singh, son of late Bindeshwar Singh, resident of village Darbhanga, P.O.Teldiha,District- Aurangabad. Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 3 / 10 3 50. Bindeshwari Singh, son of late Sipahi Singh, resident of village Shawajpur Dhewai, P.O. Ingure, District-Arwal. 51. Syed Md. Lattipullah, son of Syed Abub Md. Ibrahim, resident of village- Aliganj, P.O.Karimganj, District-Gaya. 52. Yadu Nandan Yadav, son of late Lalit Yadav, resident of village & P.O. Kamta, P.S. Parasi, District-Arwal-804428. 53. Rabindra Sharma, son of late Bibhuti Prasad Singh, resident of Road No.25, Rajiv Nagar, P.O.Keshri Nagar, District- Patna-800024. 54. Ram Nath Singh ,son of Sita Ram Singh, resident of village North Nawada, P.O.Nawada, District- Bhojpur. 55. Bharat Singh, son of Keshwar Singh, resident of village Puraini Kola, P.O. Hitwarajpur, District- Buxar. 56. Birendra Kumar Singh, son of Prem Lal Singh, resident of village- Katharain, P.O.Manikpur, District- Buxar. 57. Amrendra Kumar Rai, son of Sri Raj Narayan Rai, resident of village- Makharan via Manhalpur, P.O.Makharan, District-Kaimur. 58. Vishnu Kindo, son of late Sunsa Kindo, resident of village Braj Kumba Toli, P.O. Hewel, District-Ranchi. 59. Sidheshwar Prasad Sharma, son of late Gaya Singh, resident of village Rampur, P.O. Sherpur, District-Patna. 60. Anil Kumar, son of Tulshi Mahto, resident of village Bhirha, P.O.Amarpur, District- Lakhisarai. 61. Rajeev Nayan, son of late B.N. Singh, resident of village Ghostana, P.O.Ghostana, District- Nawadah. 62. Ravindra Prasad Roy, son of Sri Ram Chandra Roy, resident of Milkipur, P.O.Kamla Gopalpur, P.S. Bihta, District- Patna. 63. Anand Bihari Tiwari, son of late Baikunth Tiwari, resident of village Bariswan, P.O. Bariswan, District- Bhagalpur. 64. Chandeshwar Das, son of late Ram Dyal Das, resident of village- Kosihan, P.O.Khangesh, District- Bhojpur. 65. Krishna Mohan Singh, son of late Madhuvan Singh, resident of village New Manpura (Saguna) P.O. Danapur, District- Patna. 66. Braj Bhushan Prasad Singh, son of late Dewanand Singh, resident of village-Nagatola, Goria Asthan, P.O. Bayapur, District- Patna-801502. 67. Lalan Prasad Singh, son of late Amarlal Singh, resident of village- Huylasi Tola, P.O. Hulasi Tola, District-Patna. 68. Mahendra Singh, son of Rameshwar Singh, resident of C/o late Dina Nath Singh, village Tara Chak, P.O.Danapur Cantt., District- Patna-801503. 69. Vijay Singh, son of Tipan Prasad Singh, resident of village Aklu Chak, P.O.Sahpur, District- Patna-801503. 70. Sanjay Kumar, son of Sakal Deo Prasad Verma, resident of village Korawan, P.O. Korawan, District-Patna. 71. Govind Tiwary son of Sri Ram Krishna Tiwary, resident of Bunglow No.3, Circular Road, Anand Bazar, Danapur Cantt. District-Patna-801503. 72. Surendra Prasad, son of late Jageshwar Prasad Mehta, resident of village Laundh, P.O. Sirdaha, District- Nawada. 73. Surendra Prasad Yadav, son of late Rameshwar Rai, resident of village & P.O.Nayagaon, District- Chapra (Saran). 74. Satya Narain Singh, son of Sri Giriwardhari Singh, resident of village- Mansoorpur, P.O.Sarai, District- Vaishali. 75. Ranjeet Singh, son of late Bhola Nath Singh, resident of village Najana, P.O.Mahua, District- Vaishali. ………………………………………… Petitioners/Appellants Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 4 / 10 4 Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. Principal Secretary, Finance Department, Government of Bihar, Patna. 4. Principal Secretary, Energy Department, Government of Bihar, Patna. 5. The Bihar State Electricity Board through its Chairman. 6. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 7. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 8. The General Managers-cum- Chief Engineers of all Electric Supply Undertaking working in different areas in the State of Bihar under the aegis of Bihar State Electricity. …..Respondents/Respondents 9. Sudhir Kumar Singh, son of Sri Bindeshwar Singh, resident of Royal Military Public School, New Mainpura, Pragati Nagar, Danapur Cantt., District Patna-801503. 10. Abhay Kumar Son of late Sri Phagu Lal Yadav, resident of Village Masumganj, P.O. & P.S. Chapra, Dist. Chapra (Saran). 11. Shiv Ratan Prasad, son of late Mahesh Mahto, resident of Village Tara Chak, P.O. Danapur Cantt., Dist Patna-801503. 12. Ram Singhashan Tiwari, Son of late Ranadhar Tiwari, resident of Mohalla Defence Colony, Sahpur, Dist. Patna. 13. Awadhesh Kumar, son of Ram Balak Ram, resident of Village Dhanauti, P.O. Masaurhi, Distt. Patna-800052. 14. Ram Kishore Singh, son of late Ram Sharan Singh, resident of Village Makarpur, P.O. Tarar, Dist. Bhagalpur. 15. Niranjan Prasad Singh, son of Shiv Nandan Singh, resident of Village Saligram Sadan, Near Geeta Press, Upar Tola Jogsar, Dist. Bhagalpur. 16. Bijay Kumar Yadav, son of Bhuwaneshwar Yadav, resident of Village Kamkhoria, P.O. Kamkhoria, Dist. Bhagalpur. 17. Shiv Dayal Mahto, son of Bhuwaneshwar Prasad Mahto, resident of Village Rajgaon, P.O. Barwaria, Dist. Bhagalpur. 18. Sanjay Kumar, son of Shivjit Pandey, resident of Village Makundpur, P.O. Makundpur, Dist. Bhojpur. 19. Raj Kumar Yadav, son of late Jagdish Yadav, resident of Village Kamugama, P.S. Sangrampur, Dist. Munger. 20. Kapildeo Yadav, son of late Bhuto Yadav, resident of Village & P.O. Lakna Parsa, P.S. Tarapur, Dist. Munger. 21. Siya Ram Singh, son of late Nawadeep Chandra Singh, resident of Village Painapur, P.O. & P.S. Bikram, Dist. Patna. 22. Girendra Kumar, son of late Sukhdeo Mahto, resident of Village and P.O. Dobhi, Dist. Gaya. …………Petitioners/Proforma Respondents. ======================================================= Appearance: For the Appellant/s : Mr. Y.V.Giri, Sr. Advocate. With Mr. Ashish Giri, Advocate. For the Respondent/s : Mr. Anand Kumar Ojha with Mr. Ashok Kumar Verma, Advocates. ======================================================= Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 5 / 10 5 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 16-08-2011 This appeal under Clause 10 of the Letters Patent is preferred by the writ petitioners against the judgment and order dated 29th April 2011 passed by the learned single Judge in above C.W.J.C. No. 4797 of 2011. The appellants, 75 in number, are the Ex-Army Personnel employed by the Bihar State Electricity Board (hereinafter referred to as ‘the Board’) as Meter Readers and Supervisors on contractual appointment. The last of their appointments was from 1st July 2010 to 30th June 2011. Before the expiry of the term of the contract, their service was terminated by the orders made on 21st January 2011 effective from 5th February 2011. Feeling aggrieved the appellants filed above C.W.J.C. No. 4797 of 2011 under Article 226 of the Constitution. The challenge to the termination of employment under orders dated 21st January 2011 before the learned single Judge has failed. The learned single Judge has held that the appellants were Ex- Armymen appointed as Electric Consumption Assessment Workers and Electric Consumption Assessment Supervisors on contractual basis. Their service was terminated by giving them 15 days’ notice in consonance with the terms and conditions of their employment. The appellants did not fall within the category of irregular appointees as observed by the Hon’ble Supreme Court in the matter of Secretary, State of Karnataka & Others Vs. Umadevi (3) & Ors [(2006) 4 SCC 1]. According to the learned single Judge the observation made in the aforesaid matter of Umadevi (3) would Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 6 / 10 6 not apply to the case of the appellants. The employment of the appellants was terminated as the Board has taken a policy decision to outsource the functions of meter reading and distribution of consumption bills to the customers. The contractual service of the appellants was, therefore, not required. In above view of the matter, the learned single Judge dismissed the writ petition. Therefore, the present Appeal. Learned counsel Mr. Y.V.Giri has appeared for the appellants. He has submitted that the appellants are the Ex-Army Personnel. They had been employed on the contractual basis as a special drive to offer employment to the Ex-Army Personnel. Though, their employment initially was for two years, extendable for one more year, they have been continuously re-employed till 2011. Such continuous long service, may be on contractual basis, gave right to the appellants for being considered for regularisation in service. He has submitted that as many as 1300 vacancies in Class-III service in the Board have to be filled in. The appellants can be given a preference for appointment on the said Class-III post by giving them certain concessions like age relaxation, if need be. He has submitted that the appellants are entitled to regularisation/absorption in service on the principle of ‘legitimate expectation’ also. He has further submitted that the appellants had to accept the contractual appointment offered to them as they were not in a position to bargain. The appellants are entitled to regularization in service or at least a preferential consideration for employment in Class-III service of the Board. In support of his submission Mr. Giri has relied upon the judgments of the Hon’ble Supreme Court in the matters of Secretary, State of Karnataka & Others Vs. Umadevi (3) & Ors [(2006) 4 SCC 1]; of State of Karnataka & Others Vs. M.L.Kesari & Others [(2010) 9 SCC 247] and; of Navjyoti Co-operative Group Housing Society & Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 7 / 10 7 Others Vs. Union of India & Others [(1992) 4 SCC 477]. The Appeal is contested by the learned advocate Mr. Anand Kumar Ojha. He has supported the judgment of the learned single Judge. He has submitted that the employment of the appellants was purely on contractual basis. Such contractual employment did not create a vested right unto the appellants. In the matter of Umadevi (3) (supra) the constitutional bench of the Hon’ble Supreme Court considered the claim for absorption/regularisation/permanent continuance of the employees appointed for temporary, contractual, casual, daily wage or ad hoc employment in Government or in the organizations which are instrumentalities of the Government. The Hon’ble Supreme Court considered the line of earlier judgments and deprecated the trend of the High Courts in directing absorption or regularisation of such employees in exercise of power conferred under Article 226 of the Constitution. The Hon’ble Supreme Court laid down a general principle that the rule of equality in public employment is the basic feature of our Constitution. Unless the employment is in terms of the relevant rules and after a proper competition among the qualified persons, the same would not confer any right on the employee. A contractual appointment comes to an end at the end of the contract. It is not open to the court to prevent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad hoc employees who by the very nature of their appointment do not acquire any right. The Hon’ble Supreme Court also distinguished the principle of ‘equal pay for equal work’ in juxtaposition of the principle of ‘equality in public employment’. Nevertheless, the court also made room for some exception in respect of irregular appointment (not illegal appointment) continued for a long time. Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 8 / 10 8 The above judgment has been explained by the Hon’ble Supreme Court in the matter of M.L.Kesari (Supra) as under : “The decision in State of Karnataka V. Umadevi (3) was rendered on 10-04-2006. In that case, a Constitution Bench of this Court held that appointments made without following the due process or the rules relating to appointment did not confer any right on the appointees and the courts cannot direct their absorption, regularisation or re-engagement nor make their service permanent, and the High Court in exercise of jurisdiction under Article 226 of the Constitution should not ordinarily issue directions for absorption, regularisation or permanent continuance unless the recruitment had been done in a regular manner, in terms of the constitutional scheme; and that the courts must be careful in ensuring that they do not interfere unduly with the economic arrangement of its affairs by the State or its instrumentalities, nor lend themselves to be instruments to facilitate the bypassing of the constitutional and statutory mandates.” The Hon’ble Supreme Court further stressed upon the need for regularisation of long time employees. The Hon’ble Court held that Umadevi (3) (Supra) cast a duty upon the Government or its instrumentalities to take steps to regularize the services of those irregular appointed employees who had served for more than ten years. In the matter of Navjyoti Co-operative Group Housing Society (Supra) the Hon’ble Supreme Court considered the principle of ‘legitimate expectation’. Keeping in view the consistent past practice the Court held that the authorities had not to act to defeat the ‘legitimate expectation’ without some Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 9 / 10 9 overriding reason of public policy. In our view, the exception carved out in the above referred matters of Umadevi (3) and also explained in M.L.Kesari (Supra) will not apply to the case of the appellants. The appellants were neither irregularly appointed nor were their appointment ad hoc or temporary. The appointment of the appellants was purely contractual governed by the terms and conditions of the employment agreement. Even a long tenure of contractual appointment would not create a vested right beyond the rights created under the terms of the agreement. It may be also noted that the appellants had not completed ten years’ service spoken about in the matter of Umadevi (3) (Supra). In any case, they cannot claim absorption or regularisation or permanent continuance in service by virtue of their contractual appointment made from time to time. The appellants are not entitled to any relief under the principle of ‘legitimate expectation’ also. The appellants have not set up any claim of ‘legitimate expectation’. It is not established or even pleaded that the Board had ever adopted or followed the policy of regularizing the service of contractual employees or to continue such contractual employees on long term basis after completion of certain specified years of service. In absence of specific plea of ‘legitimate expectation’ set up by the appellants, the claim needs to be rejected. We agree with the learned single Judge. Mere contractual appointment did not create a right to absorption or regularisation in service unto the appellants. In the name of regularisation or absorption in service, the terms and conditions of their employment, willingly accepted by the appellants, cannot be altered by judicial pronouncement. We see no merit in this Appeal. The Appeal is dismissed in limine. Patna High Court LPA No.1067 of 2011 (3) dt.16-08-2011 10 / 10 10 We may, however, observe that if at all the Board decides to fill in the vacant position, the appellants, if eligible, may apply for such position. If the appellants apply for fresh recruitment to Class-III or Class-IV service under the Board, their candidature be considered at par with other applicants subject to any relaxation or concession offered under the existing policy of the Board. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)