Binod Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4994 of 2016 ====================================================== Binod Paswan S/o Fuleshwar Paswan, Resident of Village - Rampur Ward No. 4, F.C.I. Chowk, P.S. - Forbesganj,District - Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Araria.

3.

The Civil Surgeon cum Chief Medical Officer, Araria. 4.

The District Health Society, Araria through its Member Secretary. 5.

The Sub Divisional Officer cum Chairman Patient Welfare Society, Refral Hospital, Forbesganj, Araria 6.

The In- charge Medical Officer cum Member Secretary, Patient Welfare Society, Refral Hospital, Forbesganj, Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Respondent/s :

Mr.Kumar Alok- SC 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Writ petition has been filed challenging the office order dated 24.06.2014 whereby and whereunder Incharge Medical Officer-cum-Member Secretary of Samiti, Refral hospital, Forbesganj has communicated to the petitioner that service being rendered by him as daily wager is no longer required.

Petitioner's counsel has drawn attention to the court towards communication issued by District Health Society,

Patna High Court CWJC No.4994 of 2016(2) dt.20-06-2019 2/2 Araria to the Civil Surgeon-cum-Member Secretary of Samiti, Refral hospital, Forbesganj wherein decision was taken to engage service of the petitioner on daily wages since there was requirement of driver to ensure ambulance services in the district.

Counsel for the State, on the other hand, rightly submits that decision relied upon by the petitioner was of the year 2009. In the meantime, there is a development that State Government has started providing ambulance with drivers to the hospital. Considering this, it appears that office order dated 24.06.2014 has been issued whereby petitioner has been communicated that his service on daily wages is no longer required in view of such development. The petitioner in the circumstance cannot claim any vested right to be continued as a daily wager.

There is no infirmity in the office order dated 24.06.2014.

Writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) s.hassan/- U