lsi, •^w^. ^'^^^ s^^'^^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH WRIT PETITION N0. ^^(|OF 2006 SINGLE BENCH BETWEEN 1. Narayan Prasad Patel S/o Late Shri Daitari Prasad Patel , aged about 31 years, originally appointed on the post of Dispensaiy servant ( Aushdhalay Sewak) on contract basis , presently working at Bunga , Block Pussore, District Raigarh ,resident of VUlage Tarapur, Tahsil and district Raigarh (CG). 2. Prem Shanker Sidar S/o Shri Budheshwar Prasad Sidar, aged about 34 years, originally appointed on the post of Dispensary ^servant ( Aushdhalay Sewak) on contract basis , presently working at Sankara , Block Sarangarh , District Raigarh ,resident of Village Hardi , Block Sarangarh Tahsil and district Raigarh (CG). Ku. Pleera Mahant D/o Jagat Das, aged about 29 years, originally pyappointed on the post of Dispensary servant (Aushdhalay Sewak) ^5<c£oncontract basis ,presently working at Gorpar, Block Kharsiya District Raigarh ,resident of Village Nawagaon , Post Kata Hardi, district Raigarh (CG). Munu Ram Chouhan S/o Sudarshan Chouhan, aged about 33 years, originally appointed on the post of Dispensary servant( Aushdhalay Sewak) on contract basis , presently working at Khadgaon , Block Dharamjaigarh, District Raigarh ,resident ofVillage Pandaripani , PostJurda, district Raigarh (CG). 5. ^ Nilaraber Sahu S/o Bir Singh Sahu, aged about 32 years originally appointed on the post of Dispensaiy servant ( Aushdhalay Sewak) on contract basis , presently working at Barra , ^rh(CG)-£ET)T^E^ _" 1. ^State of Chhattisgarh, Seeretaiy Department of Health Services , •^D.K.S. Building Raipur(C.G.) --; 2. The Secretaiy, Panchayat and Rural Development Department, <^D.K.S. Building Raipur (CG). ^APABMA \^, K{ M^?AJ*!f li^i ^i The Director , Directorate of Indian Medicine System and Homeopathy Chhattisgarh, Raipur Near D.K.S. Mantralay , Raipur (CG). 'v'(ys^--'-~^'^^- District Ayurvedic Officer, Near Dr. Vishveshariya Hostel , "':':^s£S^'•^'Chakradhar Nagar Banglapara, Raigarh (CG). 5., The Collector, Raigarh (CG). 6. The Chief Executive Officer, District Panch&yat ( D^R.D.A.) Raigarh •^(CG). RESPONDENTS .^•^ rf .•• . 't WRIT PETITIQN U/S 22&/227 OF THE CONSTITUTION OF .INDIA HI©j^CQURTQF .JU&ICATLfliE CHH.ATTtSSARH: BILASPUR Single BfiOTchi Honb!% Sht^ Sotish K. ^gf?iiholtH, <T. Petitioners WRTT PETETION N0. 4846 OF 2006 NaniyanPrasad Patel <md others Versus •^ \ •' Respondents State of Chhattisgarh & others Shri Y.V. P.aman Rao, counsel for the petitioners. Shri Satish 6up"ha, t5y. 6ov+. Advoca+e for the State. x OR D E R 0*assed on 6th Sieptember, 2006) 1. Leamed counsel for +he petitioners submits •that +he petitioners were appoin+ed on 23.9.98 (Annexure P/3) as Contract Basis oncl their engagement are continuing. 2. The petitioners have filed this pe+ition pmyir'9 for a relief of regularization of their %:ryices. 3. On perusa! of the popers, it is found that the qipointments of the petitioners were not in accorddnce with law and as per consti+utional scheme of employment. There was no invitation to the public for making application for appo'n+ments to the said posts. The petitioners were chosen without any adyert-isement or without calling h's name from the Employment Exchimge. It is, therefore, held that the appointments of the petitioners on sf' ;< \ ;. M - contract basis are in vioiationof'the constitutiondl scheme enshrined under- Art-icles 14 & 16 of the Cons+itution of India <md the same are yoid in !aw. 4. A constitutionat Bench of the Hon'ble Supreme Court- in the case of Seeretary, State of Komatoka & others Vs. Umadevi (3) ond othsrs {^006) 4 SCC 1} cleariy held that absorption, regularization, or permanent continuance of temporary, contractual, casua!, daily-wage or ad hoc employees appointed/recruited and continued for long in public employment dehors the constitutiona! scheme of pubiic employment create another mode of public employment which is not permissible. In the present case, the petitioners are daity wagers and are not appointed in accordance with taw and as per the constitutional scheme of the public employment. Thus, they d<? not acquire ariy right for regularization. 5. For the reasons stated aboye, this petition is dismissed. No order as to costs. Bablu Sd/- SatishK.Agnihotri Judge lt ('.,'• l::;t