NAWLESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition on behalf of the sole petitioner has been filed for quashing the order of the Superintendent, Anugrah Narayan Magadh Medical College & Hospital contained in his memo no. 950/90 dated 30.5.90 cancelling his appointment. From perusal of the order it appears that the appointment has been cancelled on the ground that the same was made in excess of the sanctioned post.

(2.) THE case of the petitioner is that he was engaged on daily wages on 3.9.98 by order of the Superintendent of the said Hospital and he worked continuously up to 30.3.90 i.e. until his appointment has been cancelled. The total period of service comes to 240 days and therefore his services could not be terminated save in accordance with the procedure contemplated under Section 25F of the Industrial Disputes Act.

(3.) APART from the fact that sanctioned posts were not available the petitioner being a daily wage employee cannot claim for regularisation of services. If termination of services of temporary employee cannot be challenged, surely, the daily wagers stand at lesser footing. The impugned order was passed more than 13 years ago. While admitting the writ petition on 29.1.92 no interim order was passed. The petitioner has thus remained out of job for 13 years. Though counsel for the petitioner would not take a definite stand, it is obvious that the petitioner must have found another avenue of livelihood.