^^'^S ^VM ."S^.'^-^f. w^ :ii:^M.il;U'is<J,: INTKEHIGMCOURTOFJUDICATUI^E^TBILASPLtRfCHHAI-TtSGARH^ WRTT PETmON N0.3655' 2003 /^ PETEJONER Chandrapal Singh Kanwar S/o. Sital Singh Kanwar Agedabout 22years R/o.yi|lagePachpedi,,P.S-Urga, Tehsil- Kartala, District rKorba (CG) VERSUS RESPONDENTS ,rf C\8tv- 1) 2) 3) State of ChhatUsgarh. Through - Secretary EdLfcafion D.K.S. Bhavan, RaipurCCG) JointDirector,HigherEducation, DirectQratB, Ggwrnment Science College,tRalpur,;( C.Gg Prin^^l, BhariwSTSingh Porte, Goveffinient college, Pendra, Disfrict-BilaspurfC.GO. WRTT IEmQN_ UNDER ARTIELE 226 & 227 OF TBg (XiNJF'mmON OF INDIA. FOR ©RSN'T OF WRIT NATURE MANDAMUS OR.CERC10RARI QR ANY WR^ ° THE UKENATAURE li...J..^l^ lifcAi-iiiiAeitti I 1 s\ ^ HtGH COURT QF CHHATTISGARH : BiLASPUR PETITIONER IT PETiTION N0. 3635 OF 20Q3 Chandrapal Singh Kanwar Versus State of RESPONDENTS (Writ Petitlon under Articie 226 & 227 of the Constitution of Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri S.C. Verma, counsel for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State. ORDER(ORAD (Passed on this 18th day of March, 2010) 1) By this petition, the petttioner seeks quashing of the order dated 30-9-2003 (Annexure - P/2) and further, seeks a directson to the respondents to his reinstatement in service wlth fuli back wages and other GQnsffquentiat benefits. 2) Learned counselappearing for the petitioner submits that the petitioner was appointed on the post of Lab Attendant in the month of August, 20)3 (Annexure - P/1) on temporary basis. However, all of sudden by order dated 30-9-2003 (Annexure P/2) the petitioner was removed from the said post without assigning any reason and without affording an opportunity of hearing to the petltioner. Hence, this petition. 3) On the other hand, learned counsei appearing for tl-ie State submits that the petitioner was not appointed in accordance with the consiitutional scheme of employment, as the petitioner v/as appointed on temporar/ basis. Even 'tHfli ; ^ ,l,tss^ ^ f 1 E;"fer^1 S 'v '-•^sss^ \ 4) services of the temporary/daily wager could be^terminated at any point of time without any notice, and thus, the petitioner is not entitled to any retief. , \ have heard learned counsei appearing for the parties, perused the pleadings and the documents sppended 5) The issue involved in the present petition Is no longer res integra, as the Supreme Court, in a catena of decisions, has made clear that the employees appointed on temporary/daily wages basis have no right to continue in service or regularization. The appointment itseif is de hors the constitutional scheme of employment. 6) tndisputably, the petitioner was appointed on temporary basis and not in accordance with ths constitutiona! scheme of employment. A temporary, acf ftoc'fempioyee/dailywager cannot claim regularization, continuance or reinstatement in service on the basis ofappointment, which was temporary and not in accordance with law and the same was de hors the Gonstitutionai scheme of employment. (See Secretary, State of Kamataka and Ofhers vs. Umadevs (3) and Others, Indian Divgs & Pharm^ceuecals Ltd. v. Workmen, Indian Dmgs & PharmaceuScais Ltd. , OfScial LlquidatQr v. Dayanand and 1 (2006) 4 SCC 1 2 2007(1)3cc 408 7) 8) 9) OWQ^ <2? c-^ othersi and Stete of Pmjab and Others v. Suijlt Singh and Offiers4). This C-ourt in Sanjay Patil v. State ofChhattisgarh & Anothe^, while dealina wlth similar issue observed that "if the State Govemment has reguiarized some of the daily wagers, not appointed in accordance with the constitutional scheme of empioyment, this Court cannot issue a positive direction to legalise the iltegai appointment on the ground that certain illegai appointments have been legalized/regutarized by the employer. In view of foregoing, for the reasons stated hereinabove and applying the well settled principles of law to the facts of the present case wherein the petitioner was appointed pureiy on temporary basis, he is not entitlec^toany relief. In the result, the writ petition Is dismissed. No order asto costs. ——- sd/- SatishK. - (2008) 10-SCC 1 4(2009)9SCC514 5 'A'P (S) No.5845 of 2009 dasided on 9-10-2009