r " " " G6Na$ BEFORE THE HIGH COURT OF CHHATTISGARH AT ILASPUR CHHA’I‘TISGARH Satish Sahu, S/o Shri Basant Lal Sahu, aged about 35 years, R/o Raja Colony, Rani Gaon, Lormi, Distt. WP. (S) No. {pé‘ /201o @ ;,§&§£éi§ £5N§§§£ PETITIONER RESPONDENTS VERSUS State of Chhattisgarh through 'the Secretary, Nagriya Prashashan Avarn Vikas, Mantralaya, Raipur (C.G.) The Director, Nagriya Prashashan Avam Vikas, Raipur (C.G.) The Commissioner, Nagriya Prashashan Avam Vikas, Raipur (C.G.) Nagar Panchayat, Lormi, Through— Chief Municipal Officer, Lormi, Distt. Bilaspur (C.G.) Rakesh Kumar Soni, S/o Shri Gopal Prasad Soni, presently 'Working on the post of Sub Engineer, Nagar Panchayat Lormi, Distt. Bilaspur (C.G.) WL - '\ Bilaspur (C.G.) if/ {@ §. r( @ £R1T PETITION UNDER ARTICLES 226 OF THE ' CONSTmjTION OF INDIA E / k,E/rk , EV, ,k,d,r E,_4- fiEg // if 1,, f EEE,r_L.u HIGH COURT OF CHHATTISGARH r BILASPUR WRIT PETmON §S) NO.5061 OF 2010 (Wnt Petmon under Article 226 of the Constitution of Indm) Single Bench Hon’b}e Shn Satish K Agmhotri J Present :- Shn T K Tlwari Advocate forthe petitioner Shri Sushi! Dubey, Government Advocate for the State cRDER (ORAL) (Passed on this 21 5’ day of February, 201 1) i 1. Heard 'Iearned counsel for the parties. 2._ Challenge in this petition is to the order dated 26/08i2010 (Annexure PIS) whereby the petitioner was directed to discontinue his services on the ground that his appointment was on contract basis for a period of one year and the period has come to an end Further appomtment of the petitioner on contract basrs for a penod of one year on 13/02/2009 (Annexure Pl’i) was bad in law as he had appiied for appointment on the reguiar basrs pursuant to the advertisement dated 16I09/2008 (Annexure P/3). 3. The petitioner impugns iegaiity and vaiidity of the order dated 13/02/2009 before this Court in W.P.(S) No.7212/2009 (Satish 8am; y v. state of Chhattisgarh & Others) stating that the appointment of the petitioner was on regular basis not on contract basis According to teamed counsei for the petitioner notice was issued however when the impugned order dated 26/08/2010 was passed the petition was Withdrawn but no order of Withdrawal of writ petition (S) No 7212/2009 has been filed in this case The question asto whether liberty for impugning the order‘ while granting permission to withdraw earlier writ petition (S) 'No 7212/2009 was granted it is not clear either from the pleadings e or from the order as the same has not been produced This is also not a case of the petitioner that the petitioner was granted liberty to impugn the appomtment order aiso in View of foregomg, once liberty was declined to the petitioner at the time of Withdrawal of W P (S) No 7212/2009 wherein the appomtment order dated 13/02/2009 was under challenge the petitioner shall not be permitted to question the legality and validity of the said order i ii i PETITIONER Satish Sahu Versus RESPONDENTS On perusal of the appointment order it is cleariy prowded that the petmoner was appomted on contract basis for a period of one year on a fixed pay of Rs SOOOI- per month Consequently, the subsequent Impugned order dated 26/08/2010 (Annexure P/5) cannot be faulted With as the appomtment of the petmoner was for a period of one year on contract basrs and smce the penod of contract has come to an end, the petitioner is automatically removed from the service. lt is a trite law that a contract appointee cannot claim regulanzatron continuance or reinstatement in servrce on the basis of appomtment which was temporary for a fixed period and also not m accordance With law and the same was de hors the constitutional scheme of empioyment (See Secretary, State of Karnataka and Others vs Umadevi (3) and Others Indian Drugs & Phannaceuticals Ltd v Workman indian Drugs & Pharmaceuticals Ltdz OffiCIal Liqurdator v Dayanand and others and state of Puma!) and Others v Sum! Smgh and Others") Applying the well settled princioles of law to the facts of the case on hand the petition deserves to be and is accordingly dismissed No order aeto costs Satish K. Agniho'tri Judge (2006) 4 soc 1 (0007) 1 scc 408 (2008) 10 scc i (2009) 9 scc 514 I‘ ’