(^ (^\^r~ IN THE fflGH COURT OF JUDICATUREAT BILASPUR ( C.G) W.-P 1'7-3L^ /2003 PETITIONER / : SantoshKumarSahu,Age-31 Yrs, S/0 • Shri Laxman Prasad Sahu, Post - Lab Technician /' Address - C/o Vishwanath Sahu / R/o Village - Surajpur, / Masjidpara, Navapara, Distt - Sarguja, ( C.G ). .-^^^ ^•^^'s:""" ^ RESPONDENTS VERSUS ^-.^ '^ f:'w^' B^ K^^^ •^^^.....L-^^^ ,^';y* ^^ ,,^^' 1) State of Chhattisgarh, Through the Secretary Health Department D.K.S. Bhawan Raipur 2) ChiefMedical and Health, Officer, Sarguja, Jila Chikitsalaya, Ambikapur, Sarguja 3) Jila Kusth Adhikari, Sarguja, Jila Chikitsalaya Ambikapur, Sarguja. 4) Collectq^arguja (C.G.) ^::; WRIT PETITION UNDER ARTICLE 226/227 0F THE CONSTITUION OFINDIA XI-HC-22- /-z T^ ^Trai^PT, ^ft^PT?, ^KrtK-iy 3ff^T XR^ WW1I ^W^ _,....^..^...l.^:^.....^ 200^ •^^s' 3^1 ^T t^:iW3'nt?T ^<-iic^ •Mf^a ^?I^T ^cTr^FC ^rf^T ^I^I<rt4ftr< ^H<?ff^ f^st 1^R$R '^'STf^R^H^T 26.6.2003 Petitioner by Smt, Renu I^ocher, Advocate, State by Shri Sanjay K, A^arwal, Deputy Advocate General. Heaid. By tihis petition under Axjticle 226 of the Constitution of India tiie oider dt 18.9.2002 by which the ^ded up to 31st December, 2002 and the petitioner seeks to challeng^ petitioner>s services were exteii] appoiated on the post of Lab the same werc tennmated w.|e.f. 1st January, 2003. As per the averments made in fhe petiti^n the petitioner was selected and [Techmciaa vide oider Aim^cure A/ 1 dated 30th September, 1994 i4nder the tenns and conditions laid st down ia tiie said order, The jfijrst condition was that the petitioner was appointed on conteact ba^is for a period of fhree yeara, the second condition was to fhe eflTe^t that after giving one xiionth's notic^ the employer or employee ca+i terminate the contract and third condition was that the petitione^- will not be entitied for aiiy claim for continuation of his service aBJd his sendces will automatically be termmated on the expiiy of Ijhe agrcement or completion of the project. Thereafter the petitione^ contiaued to work on the same post however vide Annexurc A/3 dt l.8.2002 the services of the XI-HC-22 371^1 ^T t^:iNT3T[t^T ^RW^f^a 14, ^^) ^? V^HId4, ^^i<-(^<o, M<rti^y ^^ ^^K c^ •/) . WR^T^Ne^ 200 •I^^T' ^TI^r'^fT^R <^f^T -L- petitioner's services were ext^nded till March 2003 but vide Axinexure A/6 dt 18.9.2002 ie. afterj extended up to 31st Decemb|er were termiaated from 1st Ja4uaiy, Ra^htriy Hefelth of Govt, of India fhat fhe been merged ia General appouited on contoract basis fhe appoiatEnent order clearlj appomtaaient or completion petitioner will be termiriated by the inipugned order, As| contract basis I do not j5nd! view of the tenns aad coftditions appoiated, Learaed counsel for have been absorbed m some been given fhe same benefit, that if the petitioner makes nionfh frowi today, concenie^ <3b(^id^1':?W^ ^ 'fe^ Tf^R^R '^'3?PW3?I^T one month 18 days fhe sendces were 2002 aiid in other term the services JLuaiy, 2003 on account of the directions ^htriya Kushth Unmulan Kaiyakrim has Services, Siace tihe petitioner was for fixed period and the pre conditions of ^ states that on expiiy of the term of the |of fhe project itself the sewfces of the |automatically, which stands teniunated the seryices of the petitioner was on }aa.y illegality ia the impugned order in on which the petitioner was tibe petitioner further aa^ued fhat ofher candidates who were appoiclted on fhe saiae terms and conditfons |ofher sendces but the petitioner has not |In view offhis submission it is dirccted |a representation withia a period of one autiiority shaU look iuto the matter and v 1S-HC-17. STI^F^T f^w^n^ '^BRW^rft?T ^^ ^TPTT^TO i^ftOTT<i, %QrTrWj1; Bff^T 1Tsra? ^PWtl ^NI^b •^n 200 •^s^s' ^T^I ^TTW^f^T -5- In view of fhe above ord< of. ob^I<r(^1<l 'WT^f ^ feT^> <f^^l< ^? 3if^p? ^H^T if fhe senrtces of the petitiotier can be absorbed then they can consider his case for absorptio^i / appointment, Wiffai the above obsewati^n this petition is disposed of Certified copy as per Rul^s, ^r I.A.No. 5395/2003 stands disposed Sd/- L.C. Bhadoo Judge