IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.769 of 2011 In Civil Writ Jurisdiction Case No. 17886 of 2010 ====================================================== Dr.Nishant Kumar aged about 33 years, Son of Late Sheo Kumar Das, posted as Dental Surgeon in Sadar Hospital, Madhubani, residing at Stadium Road, Madhubani, District Madhubani .... Petitioner…. Appellant/s Versus 1. The State of Bihar through the Principal Secretary, Government of Bihar, Health and Family Welfare Department, Vikas Bhawan, New Secretariat, Patna 2. The District Magistrate in the capacity of Chairman, District Health Society, Madhubani 3. The Executive Director, State Health Society, Bihar Parivar Kalyan Bhawan, Sheikhpura, Patna 4. The Civil Surgeon- cum- Member Secretary, District Health Society, Madhubani .... Respondents… Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Rupak Kumar, Advocate For the Respondent/s : Mr. Prashant Pratap, GP 6 ====================================================== 2 11-08-2011 Heard learned counsel for the appellant and learned counsel for the State. Looking at the nature of appointment which stipulates daily wages for each day of working, we are in agreement with the Writ Court that no interference is required in the matter when the authorities have decided to take work from the petitioner for only two days in a week. That was the original instruction given to the petitioner. Subsequently, he was asked to work for six days in a week. The reduction in number of days required in the service on the daily wage basis do not attract any issue of arbitrariness. The Patna High Court LPA No.769 of 2011 (2) dt.11-08-2011 2 matter is governed purely by contract. The appeal is dismissed. sk (Shiva Kirti Singh, J) (Amaresh Kumar Lal, J)