HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 543 of2008 PETITIONERS . Chandram Patel, S/o Nabburam Patel, Aged about 3O years R/o Tahsil Bhata, Katghora, Distt. Korba (CG). 2. SAntosh Dixena, S/o Kamlal Dexena, Aged about 35 years, R/o Dudga, Post. Katghora, Disuict Korba (CG). . Raju Ptasad S/o Adam Prasad, aged about 32 years R/o Katghora, Distt. Korba (CG). 4‘ Guhiyaram, Slo Sakharam, aged about 34 years R!o village & Post Padampur, District Bilaspur (CG). 5. Puranlal Yadav, S/o Nanuram, aged about 31 yeaxs Rio Dudga, Post Katghora, District Korba (CG). 6. Virendra Kumar, S/o Ambika Prasad, aged about 23 yeam, R/o Katghora, District Korba (CG). 7. Shiv Kumar, S/o Badri Prasad, aged about 33 years, Rfo Rohrakhurd, Geedanala, Dista‘ict Bilaspur (CG). 8. Rajnath Singh, Sx'o Kedar Singh, aged about 30 years, R/o Bankimongra, District Korba (CG). 9‘ Baltam Prasad, S/o Raghunath Prasad, aged about 31 years, R/o Bankimong’a, District Korba (CG). 10.Chandra Kumar Dixsena, S/o Itiwarilal @ Ishwarlal, aged about 33 years, R/o Sundana, Tehsil Katghora, Dislric Korba (CG). 11.8aheshram, S/o Deendayal, aged about 29 year, R/o Ghangpur, Tehsil Katghora, Distn‘ct Korba (CG). 12.Dilchand dewangan, S/o Bhulwamm, aged about 32 years R/o Dhanraj Tehsil Katghora Diem Korba (CG). 13.Ramesh Kumar s/o Saheblal, aged about 30 years R/o Purani Basti, Katghora, Distt. Korba (CG). l4.Ganesh Prasad, s/o Raj Singh, aged about 31 years R/o Telsara, Post Banki Mongra, Tehsil Katghora, Disu. Korba (CG). 15.Chandra Prakash Sahu, S/o Pumulal Sahu, aged about 27 yeam R10 MOhalain Bhata, Katghora, Distt. Korba (CG). 16.Paramanand S/o Sakanand @ Sakhamm aged about 34 years, R/o Padampur, Tehsii Mungeli District Bilaspur (CG). 17.Vijay Kumar ,S/o Kodu Ram, aged about 31 years, R/o Padampur, Tehsil Mungeli, Distt. Bilaspur (CG). 18.Chhabilal Dhxitiahre, S/o Bihan'lal, aged about 33 years, R/o Katghora, District Korba (CG). 19.Ashik Kumar, S/o Lakhanlal, aged about 34 years, R/o Padampur, Tehsil Mungeli, District Bilaspur (CG). 20. Jitendra Kumar Bhardwa}, Slo Sobharam Bhardwai, aged about 32 years, R/o Kamariya, District Korba (CG). 21. Smt. Manjulata Yadav, W/o Vishal Yadav, aged about 27 years, Rfo Bhata, Katghora. Distric Korba (CG). 22.Nepa1 Singh, S/o ,Chandrabhan Singh, aged about 31 years, R/o Ptuena, Post Baulci Mongra, Tehsil'Katgiora, District Korba (CG). 23.Ravindra Kumar Yadav, S/o Banshilal Yadav, ageda bout 32 years, Rio Kashreuga, District Korba (CG). 24.Bhuvanpal Singh, S/o Lambodar Singh, aged about 34 years, R/o Mahora, Tehsil' Katglora, District Korba (CG). 25.Raj Kumar, S10 Vishnu Prasad, aged about 33 yam, R/o village Dawaipur, Tehsil Katghora, District Korba (CG), 26. Chandra Pal Patel, S/o Manharan lal Patel, aged about 32 years, R/o Arda, District Korba (CG). 27.Vishnu Kumar Kanwar, S/o Gorelal Kanwar, aged about 35 years R/o Arda, District Korba (CG). 18.Netram Patel, S/o Manglu Ram, aged about 36 years, R/o village Padampur, District Bilaspur (CG). 29.Smt. Rohini Jaiswal, Wlo RAmpratap Jaiswal, aged about 27 years, R/o Pumni Basti, Katghora, Distn'et Korba (0G). 30.Prakash Chandra Ratre, S/o Jagnnath Prasad, aged about 31 yams, R/o Mataipur, Post Panthora, District Bilaspur (CG). 31.Raghunandan Kumar Bane, Sfo Sukhram Bade, aged about 33 years, R/o Birgahani, Tehsil Mungeli, District Bilaspur (CG). 32.Sakhil Kumar, S/o Sadhram, aged about 34 years, Rjo Birgahani, Tehsil Mmgeu. District Baaspur (CG). VERSUS ESPONDENTS : 1. State of Chhattisgarh, Through Secretary, Department of Tribal Development, DKS Building, Mantralaya Raipur (CG). 2. Collector (Tribal Development), Korba (CG). , 3. Block Education omcer, Katghora, District Korba (CG) (WRIT PEtTmN UNDER ARnCLE 226 OF ma CONsrrrUTION OF INDIA) (SB: Hon'hle Mr. Satish K. Agnihom; J.) resent : Shri S.R.J. Jaiswal, Advocate for the petitioners. P Shri UNS Deo, Government Advocate for the State/respondents. ORAL ORDER (Passed on 28m ofJanuary, 2008) 1. The petitioners, being aggieved by the order dated 16.01.2008 (Annexate P/l ), whereby, the appointment of the petitioners on the posts of Cook, Peon, Chowkidar and Waterman, on daily wages, at Collector's rate, was cancelled 2. Learned counsel appearing for the petitioners submits that the impug‘red order dated 16.01.2008 is violative of principles of natural justice as without R . any show cause notice or inquhy; the services of the petitioners have been texminaled. . On query as to whether the petitioners were appointed through any seiection process or pursuant to any advertisemem, learned counsel appearing for the petitioner fairly submits that the petitioners were not appointed in accordance with constitutional scheme or through any selection process or pursuant to any advertisement. Thus, the appointments of the petitioners are admittedly dehors the constitutional scheme ofappointment. . The Hon’bie Supreme Court in a catena of decisions, has categorically held that appointment on daily wages, contract and temporary, if not in aceordanee with constitutional scheme, are not proper or legal appointment. The petitioners have not acquired any right to the post as their appointments were not in accordance with constitutional scheme of appointment. Thus, the petitioners have no right to the post and it was not necessary to serve them with show cause notice before cancelling their appointments. . Thus, petition is accordingly dismissed, sunnnarily. No order asto costs. f I. Sd/- f Satish K. Agnihotrl" t Judge