The Patna High Court dismissed a writ petition challenging the non-r renewal of contractual daily wage services for sanitation work by the Nagar Parishad, Sasaram, citing the Constitution Bench judgment in Secretary, State of Karnataka vs. Uma Devi.
The application seeking extension of contractual daily wage service for sanitation work is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8506 of 2013 ====================================================== Sanjay Ram Son of Late Hari Bans Ram, Resident of Pahari, P.O. Bhabhani, P.S. Kargahar, District - Rohtas - 802224 .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Secretary, Rural and Urban Development Department, Government of Bihar, Patna 3. The Chairman, District Board, Nagar Parisad, Sasaram 4. The District Magistrate, Sasaram 5. The Sub Divisional Officer, (Civil), Sasaram 6. The Labour Superintendent, Dehri-on-Sone, Rohtas 7. The Executive Officer, Nagar Parishad, Sasaram .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s Mr. Daya Shankar Prasad, Advocate Mr. Deepak Kumar, Advocate For the Respondent Nos. 1 & 2: Mr. R.K.Sinha, AC to G.P.-4 For the Respondent Nos. 3 to 7: Mr. R.C. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 26-04-2013 Heard the parties. By the impugned notice/order dated 28.12.2012 (Annexure-1) issued under the signature of the Municipal Executive Officer, Municipal Council (Nagar Parishad), Sasaram (respondent no. 7), pursuant to the decision dated 26.12.2012 of the Nagar Parishd, Sasaram, the contractual services of RickshawThela Pullers for sanitation works have not been extended and the Incharge for sanitation works, Nagar Parishad, Sasaram has been directed not to take services from those Rickshaw-Thela Pullers,
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who were earlier appointed on contractual basis, for sanitation work of the Nagar Parishad, Sasaram.
Learned counsel for the petitioner submits that petitioner, besides others, was appointed on contractual basis originally by letter dated 21.5.2009 (Annexure-3) for a period of one year on a fixed wage of Rs. 120/- per day and that was renewed subsequently by the respondent Municipal Executive Officer, Sasaram. It is contended that the petitioner had been working for last four years on daily wage basis, and since sanctioned posts are there under Nagar Parisahd, Sasaram, therefore, they should have been allowed to continue to do the sanitation works on contract basis/daily wage basis.
Learned counsel for the respondents have opposed the prayer and submitted that appointment of the petitioner was on contractual basis for a limited period, which has already come to an end, and now the Nagar Parishad, Sasaram has resolved to take the services of other agency for better sanitation work in Sasaram town.
After having heard the parties and on consideration of the materials available on record, this Court does not find any legal infirmity or illegality in the impugned notice/order dated 28.12.2012 (Annexure-1), whereby respondent no. 7 has refused
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to renew/extend the contractual appointment of the petitioner, besides others. Now, law is well settled by a Constitution Bench of the Hon’ble Apex Court in the case of Secretary, State of Karnataka vs. Uma Devi (3) [(2006) 4 SCC 1] particularly paragraph-43 with respect to contractual appointment, casual or daily rated employees.
In view of the law laid down by the Hon’ble Apex Court, as referred to above, and in view of the nature of the claims raised on behalf of the petitioner, this Court is not inclined to interfere with the impugned order.
In the result, this application has to fail and it is, accordingly, dismissed.
RPS/-
(Birendra Prasad Verma, J)
2 issues framed by the court
Whether the High Court should interfere with the order of the Nagar Parishad refusing to renew the contractual appointment of the petitioner for sanitation work.
Whether the dismissal of the application for extension of daily wage employment on contractual basis warrants judicial interference.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka vs. Uma DeviRelied on¶10
Secretary, State of Karnataka vs. Uma Devi (3) [(2006) 4 SCC 1] · Who else cites this
1 provisions across 1 enactments
Sanjay Ram
The State of Bihar through the Chief Secretary, Government of Bihar
The Secretary, Rural and Urban Development Department, Government of Bihar
The Chairman, District Board, Nagar Parisad, Sasaram
The District Magistrate, Sasaram
The Sub Divisional Officer, (Civil), Sasaram
Birendra Prasad Verma
As recorded by the court registry
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