Petitioners, contractual night guards terminated for non-compliance with appointments guidelines, approached under Article 226. The court held they lacked statutory rights for civil posts and should approach Civil Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5517 of 2014
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.... .... Petitioners
Versus
.... .... Respondents
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Patna High Court CWJC No.5517 of 2014 (3) dt.04-12-2017
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Appearance : For the Petitioner/s : Mr. S. Jamil Akhtar For the Respondent/s : Mr. Yogendra Pd. Sinha For B.E.P.C. : Mr. Girijesh Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Heard learned counsel for the petitioners and learned counsel for the respondents.
3 04-12-2017
The petitioners in the present writ application have sought for quashing the Letter no.3 dated 04.01.2003, as contained in Annexure-5 to the writ petition, whereby and whereunder the services of the petitioners have been terminated by the Respondent no.5, who are holding the post of Night Guard in the ‘Kasturba Gandhi Balika Vidyalaya’, situated in different Blocks of Gaya District, since their appointments are of year 27.09.2007 on the ground that while appointments’ guidelines issued by the State Level Office, as contained in Letter No.4637 dated 27.09.2007 was not complied with. Further to quash the advertisement as contained in Annexure-14, in the writ petition published in the daily ‘Hindi Dainik Jagran’ dated 16.02.2014, whereby and whereunder the applications have been invited for fresh appointment of Teacher, Warden, Night Guard, Orderly Peon, Cook etc. for ‘Kasturba Gandhi Balika Vidyalaya’ under the aegis of Bihar Education Project, Gaya, contrary to the Circulars issued time to time. Further to direct the respondents to reinstate them on
Patna High Court CWJC No.5517 of 2014 (3) dt.04-12-2017
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the ground that they were validly appointed to such posts after completing all the selection process adopted by the Appointing Authority.
The engagement of the petitioners is on contractual basis against the non-teaching posts under the Scheme of ‘Sarva Shiksha Abhiyan’ which is known as ‘Kasturba Gandhi Balika Vidyalaya’.
Since the nature of engagement is such, no statutory right has accrued in favour of the petitioners, to hold the said post. In the circumstances, it is not required for this court to exercise power under Article 226 of the Constitution of India. The remedy of the petitioners lie under the common law but not under Article 226 of the Constitution of India as they are not holder of civil posts. If so advised, the petitioners may approach before the competent Civil Court by filing the suit for redressal of their grievances.
With the aforesaid observations and directions, the present writ application stands disposed of.
(Sudhir Singh, J)
Amit/-
U
2 issues framed by the court
Whether a writ petitioner engaged on a contractual basis in a non-teaching post has a right to approach the High Court under Article 226 of the Constitution for quashing of termination.
Whether the appropriate remedy for contractual employees lying grievances lies under Article 226 or in a competent Civil Court.
Sumitra Devi and others
State of Bihar and others
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
