Sukhdeo Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8184 of 2015 ====================================================== Sukhdeo Yadav Son of Late Bhuneshwar Prasad @ Bhuneshwar Yadav. Resident of village - Erki Tola, Mansa Bigha, P.S.- Jehanabad, District - Jehanabad.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Chairman, District Health Society-cum-District Magistrate, Jehanabad. 3.

The Directorate General of Health Services Leprosy Division, Nirman Bhawan, New Delhi.

4.

The Deputy Director HQ. Health Services-cum-Controlling Officer, State Leprosy Eradication Officer 5.

The District Leprosy Officer-cum-Secretary, District Leprosy Society, Jehanabad.

6.

The Additional Collector, Health Leprosy Services-cum-Incharge Officer, Leprosy Eradication Program 7.

The Civil Surgeon-cum-Chief Medical Officer-cum-Additional Chief Medical Officer, Jehanabad.

8.

The Incharge, District Leprosy Prevention Officer, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajoy Kumar Chakraborty For the Respondent/s :

Mr.Amit Bhushan, AC to GP 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner was appointed on an honorarium on contractual basis. Recognizing his skill as driver, for performing duty of jeep/bus driver, petitioner was continued by extending his contract from time to time till 2013.

Counsel for the petitioner submits that having been

Patna High Court CWJC No.8184 of 2015(2) dt.24-07-2019 2/2 continued for 15 years, petitioner's contractual engagement has been terminated only to appoint someone else. Counsel for State has placed on record communication dated 21.05.2013 issued by Ministry of Health and Welfare, Govt. of India by which it is informed that as per new PIP guidelines issued on 14.02.2013, only one driver can be hired and that also for the State Headquarter NLEP and no driver was allowed to be hired for district level. The said communication was sent to the petitioner on 04.06.2013 vide Annexure 7 to the writ petition.

Petitioner's contractual existence was admittedly at District level. He, in the circumstance, has no enforceable right for invoking the writ jurisdiction.

Writ petition is dismissed.

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