a(f»5 C ES'i.lffl" NVLt BtfsV?i IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No. /2006 ^f^ ZJ PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA PETITIONER RESPONDENTS Ashok Kumar Aged about 48 years, S/o Melau Ram Residence at village - Ghuru, Tahsil & District - Bilaspur (C.G.) VERSUS ^<^^ :.<-^- The Chairman/" •;'->^.. •^...••' ^^^ ..••"' Chhattisgarh Housing Board ^:?^:'^,..- ShankarNagar, Distt.-Raipur (C.G.) 2. The Executive Engineer Chhattisgarh ^ Housing Board Project Division Raigarh (Chhattisgarh) 3. The Assistant Engineer^ C.l.D.C. (Housing Section) Raigarh (C.G.) 4. The Collector/ District Office Raigarh (C.G.) ^^ <>'"' -o^. rl^b. ^^ ^"" ^ 6vy -issiaiasss-s--- Sri J.S. Dikhsit Under Secretary Environment & Urban Development Department, Ministry, Raipur (C.G.) The Project Officer^ District Town Development Corporation Raigarh (C.G.) The Chief Executive Officer.. Chhattisgarh Housing Board Raipur (C.G.) Contd.. 6" p- ^iH -2- 8. The Executive Engineer / Chhattigarh Housing Board Bilaspur Division, Bilaspur (C.G.) 9. The Collector / Bilaspur (C.G.) PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT, DIRECTION AND / OR ORDERS DETAILS OF THE PETITION : HIGH <X>URT OP JUDICATORE CHHATTISGARH: BIIA8PUR Single Betich: Hon'We Stei SatishK. AgpUiotri, J. W.P. No. 499 of 2007 Petitioner : Ashok Kuinar Suiyavansi Vcrsus Respondcnts : The Chairman & othcra 1. .-.' Shri Aml Kumar Gupta, Advocate for the petitioner. Shri Arvind Dubey, Panel lawyer for the respondents No. 4 and 9. None for fhe respondents No. 2, 3 and 4. ORDBR (Passed on this 25th day ofJaauary, 2W7 | 1. According to leamed counsel for the petitioner, the petitioner was appointed on dafly wages basis for worldng as Pluinber in. fhe year 1987 at BOaspur. The petitioner was, fhereafter, granted assignment at Raigarh. The status of the petitioner as dafly wager continued when the petitioner started workiug at Raigarh. 2. By ori.er dated 31.12.2004 fhe services of the petitiouer as dafly wager was discontimied on fhe ground lliat fh.e petitioner had not shown interest in the working and remained absent fium the work as and when 'he was requircd. The petitioner has chaUenged fhe impugned traiisfer order dated 7.1.2003 (Annexure P/l) aad the fermin.ation ordcr dated 31.12.2004 (Annexure P/2) by this petition fited ou 24.11.2006 seeking quashing ofthe unpugned orders on fhe groitad fhat fhe handiug over of fhe serrices of the petitioner to fhe ofher district was bad and as such no order could have been passed by fhe aufhorities at Raigarh. 3. Be fhat as it inay, fhe services ofthe petitiouer was never regulanzed aud he was engaged oiily on daUy wages basis. (^ 4. In view of fhe settled positiou of law as enuaciated by a Coastitutional Bench oftfae Supreme Court in. the case of Secretary, State o/'Kamatafca cind others Vs. Unwdevt1 which was followed fetter on ia various decisions by the Supreme Court, viz. Accounts Offlcer (A&y A.P.SKTC anA others vs. P. Chemdra Sekheira R<w and others1, Surtnder PrascaS. Ttwvart vs. ff.P. Jtqftya Krtshi Wpadan MamU Parfshad tmid othcrs3, Nagar JSahapaSlka (iww Muntdpal Corpn.) vs. State of U.P. and otheraft and Or.P. State Roatt. Trcmsport Corporatlon vs. SSan SSngft5, daily rated, teinporary or ad hoc appoiatees have no right to fhe post as fheir appointnient was not iu accordance wifh the constitutionat scheme of the appomtment and not m accoidaace with any Rules, Regulations, as ft-amed under fhe proviso to Ardcle 309 of the Constitutioa of India. 5. Iu the present petition, appointments of the petitioner was on daify wages basis on avaOabilily of work, de-hors fhe constitutfoaal scheme aud as such, the appointment of fhe petitioner came to as. end. 6. For fhe reasons above-stated aud as per fhe dicta laid down by the Supreme Court, the petitioner is not entitled for reappomtment/ rciastatemen.t iu the service. 9. This petition is accordingly dfamissed. No order as to costs. Sd/- Satish K. Agnihotri Judge 1 (200S) 4 SCC 1 2 (2(X36)7SCC488 3 (20(»)7SCC684 4 2006 AIRSCW 2497 5 2006 AIRSCW 5159 Thakur