IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3804 of 1997 BINDESHWARI TIWARI son of late Ugra Mohan Tiwari at and P.O. Gobraya P S Sakun District- Bhagalpur. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Chief Conservator of Forest cum Managing Director Bihar State Forest Development Corporation Ltd. 13, Patliputra Colony, Patna 800013. 3. The General Manager, Minor Forest Produce Project Patna Civil 158, Patliputra Colony, Patna 13. 4. The Divisional Manager, Minor Forest Produce Project Division Sundar Ban P S. Barari District Bhagalpur. … Respondents. ----------- 5. 13.05.2011 No one appears for the petitioner. Counsel for the State is present. The prayer of the petitioner in this writ application is to quash the order of his termination of service dated 31.7.1996 and also to regularize him in service. In the counter affidavit, respondents have explained the whole position by stating that not only the engagement of the petitioner on daily wages as Chaukidar in the Bihar State Forest Corporation was in teeth of Article 14 and 16 of the Constitution of India but even otherwise after introduction of new system for sale of Kendu leaves, the work of Chaukidar was no longer available. In this context, paragraph nos. 8, 9 2 and 10 of the counter affidavits are relevant and are quoted hereinbelow; “8. That since the petitioner was engagedin the exigency of Situation on the daily rated basis as Godown Chowkidar for protecting and watching the Kendu leaves kept in the Godown of the Corporation under the old system of the sale of Kendu Leaves which was in vogue prior to 1995. But after the introduction of “Ek Must Sale System” the Corporation does not need any Chowkidar for guarding/watching Kendu Leaves departmentally stored in Godown as such the services of the petitioners were not require as such he was disengaged in the year 1996. 9. That under the new system for sale of Kendu Leaves Leaves are sold on the basis of advance sale and the Kendu leaves are collected and stored at the cost of the Buyer under the supervision of the officers and employee of the respondent Corporation. As such there is no need to engage any Chowkidar for Guarding the Kendu Leaves so Collected and stored in the Godown rather the Godowns are watched by the employee of Buyer and by the permanent employees of the Corporation. It is further pertinent to mention here that the Govt. issued a direction to minimize the Establishment cost of the Corporation. In pursuance thereof the Board‟s of Director‟s of the Corporation resolve to minimize 50% of the Establishment Cost vide resolution dated …. And minimizing the Estt. Cost Several steps were taken such as abolition of Circle, Division and Ranges and merging the one Division to another division similarly merging one Range 3 into other Range and termination of the employees working on the daily rated basis. 10. That it is further important to mention here that the govt. took a policy decision to terminate the services of all such daily rates employees who have not completed 240 days continuous service upto Ist of August, 1988.” It has to be noted that there is no rejoinder to the said counter affidavit filed by the respondents in this case and therefore it would be presumed that the reason of paucity of work for not allowing the petitioner to continue in service, is an admitted fact. Once this aspect has become clear, this Court will have no difficulty in approving the order of termination of the service of the petitioner which is based only on the ground of non-availability of the work. The petitioner was daily wage employee and had got no right to continue in service despite non-availability of work. In the pleading that has been made in this writ application there is also no averment that any person junior to the petitioner on daily wages had been retained so as to invoke the principles of „last come, first go‟. The respondents have also clarified this aspect by asserting 4 that each and every daily wage employee engaged after 1.8.1988 had been removed from service. That being so, this Court would not find any merit in this writ application and the same is, accordingly, dismissed. kanchan ( Mihir Kumar Jha, J.)