^- j ^; IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT APPEAL No. ] 4/:L72008^sio^ WRIT APPEAL UNDER SECTION 2 SUB-SECTION (l^ OF THE CHHATTISGARH COURT fAPPEAL TO DIVISION BENCH) ACT, 2006. AGAINST THE ORDER PASSED BY HON'BLE JUSTICE SHRI S.K. AGNIHOTRI .^~"" APPELLANT p/F77^0/Y^^- ^ ^; .^•»w' ^•^^" ^..t^TC"^" A RESPONDENTS : ^e^i!, .'^2) Bhagwat Prasad Nirmalkar, S/o Shri Jagannath Nirmalkar, Aged about 44 years, R/o Opposite Dr. Sanjay Agrawal, Mungeli, Post-Mungeli, District-Bilaspur (C.G.) VERSUS 1) ^ State of Chhattisgarh - Through the Secretary, Department of Health and Family Welfare, DKS Bhavan, Raipur (C.G.) Director, Directorateof Health and Family Welfare, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 3)' Chief Medical and Health Officer, District-Bilaspur ^ f^^^\ 4- 4) Block Mwig^li Officer, Block Mungeli, District-Bilaspur (C.G.) WRIT APPEAL UNDER SECTION 2 SUB-SECTION fl) OF THE CHHATTISGARH COURT CAPPEAL TQ DIVISION BENCH) ACT. 2006 READWITH RULE 158 f 10) fb) OF CHHATTISGARH HIGH COURT RULES. 2007 fc^) HJGH COURT OF CHHATTJSGARH AT BILASPUR DJViSiON BfcNGH: HON'BLE SHRi I.IVI.QUDDUSI & HON'BLE SHRS PRASHANT KUSVSAR MSSHRA. J^ WRiT APPEAL N0.142/2008 APPELLANT (Petitioner) RESPuNDiNTs Vs Bhagwat Prasad Nirmalkar State ofC.G. & others Present: IVIr. Ratnesh Kumar Agsirwai, Advocate for the appeiiants ivir.Arvind Dubey, P.L. for the State. ORAL JUDGMENT (Passsd on Stn SVSay, 2010) I.M, Quddusi. J; 1. Heard. 2. This writ appeai is directed agajnst the impugned order dated '.2008 passed by the learned Single Judge in VV.P. (S) No.3342/08 dismissing the writ petition. 3 Brief facts of the case are that on 18.11.1985 the writ appellant was appointed as 'contingent empioyee on ciaily wage basis' with the condition that his appointment is temporary aind on account of sejection of any person by the Seiection Committee, the appointment of the writ appellant would stand cancelled. The writ appeilant was working as Ward Boy. Thereafter, due to mentaj iilness the writ appellant remained absent since 1.11.1986. However, when he recovered, he again submitted his appiication in the year 2000 with the undertaking that he wiil not cialm any past salary benefit. 4. The officer concerned gave him engagement as contingent employee again and after compietion of three years service by the writ appellant as Temporary Member of the Work Charge Establishment, he was given regular pay-scale of Rs.2550/- w.e.f. 23.9.2005 foilowing the government orders dated 22.11.1988 as aiso 15.12.1992 of the then Government of State of M.P. But to our opinion that wili not give any right for regularlzation or the writ appellant cannot be treated as regular empioyee. 5. Therefore, we are of the opinion that it is not a case of regular employee or reguiarization and the impugned order of removai passed on the basis that how was he regularized is bad in law as ^-^•^^. 11>. ^. ";^ ^: ^ 6< the writ appellant has not been regularized at all and cannot be treated as a regular empioyee of the department. 6. in view of the above, we are satisfied that the facts which have come from perusal of the documents are entirely different from the facts mentioned by the learned Singl'e Judge in the order impugned and pieaded by the State. 7. Therefore, we set aside the impugned order dated 01.07.2008 passed by the iearned Single Judge in W.P. (s) No.3342/2008 as aiso the order of removal of the writ appeiiant from the service dated 17.6.2008. lt is directed that the writ appeliant shal'I be treated as work charge empioyee in the estabiishment, however, this wili not debar the respondents to take a decision where the government orders mentioned above were appiicabje to the employees paid froni contingent funds after compietion of three years as such. 8. With regard to the charges consequent upon the induction of the writ appellant as temporary member of work charge estabiishment is concerned, the writ appellant shall not be entitied to get any emoluments tiil the date of his joining. 9. The writ appeai is aiiowed to the above extent. iMo order as to COStS, rqshan/- Sd/- LM. Quddusi Judge Sd/- Prashant Kumar Mishra Judge