SATYENDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of the parties, the matter is taken up for hearing finally. The petitioner was initially appointed on 20. 05. 2005 (Annexure P/1) on temporary basis as Majdoor for a period of 30 days. Thereafter, the appointment of the petitioner continued on account of several orders passed for his engagement for 30 days, and in some cases for 89 days, on daily wages basis. The grievance of the petitioner is that on 23. 11. 007 (Annexure P/23) the petitioner was appointed from 01. 12. 2007 to 31. 12. 2007, but this order was not given effect to as the petitioner was not appointed. Thus, this petition.

(2.) I have heard learned counsel appearing for the petitioner, perused the pleadings and documents appended thereto.

(3.) ALL the orders annexed herewith from Annexure P/1 to p/23 are not addressed to the petitioner or any other daily wages employee. These are the orders permitting engagement of certain employees for a period of 30 days or in some cases 89 days, to the Executive Engineer, Public Works department, National Highway Division, Bilaspur. It does not indicate that the petitioner alone or alongwith other persons were engaged as daily wagers to perform some work for a fixed period of 30 days or 89 days. On the basis of these orders, submission of the petitioner that the petitioner was engaged throughout, cannot be established. One certificate (Annexure P/24) has been submitted issued by the Sub Divisional Officer, Public Works Department, mentioning that the petitioner was appointed on daily wages basis from 20. 05. 2005. There is no mention either with regard to continuation or discontinuation of the appointment.