High Court Of ChhattisgarhWPS/5256/2019disposed off

Vasudeo Sahu v. State Of Chhattisgarh

2019-07-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5256 of 2019 Vasudeo Sahu S/o Shri Daduram Sahu, Aged About 35 Years Occupation - Service, R/o Village Salhe, Post Chhind, Tahsil Sarangarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretory, Public Works Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Superintending Engineer, Rural Engineering Services Zone Bilaspur, District Bilaspur, Chhattisgarh

3. The Executive Engineer, Rural Engineering Services Raigarh, Division Raigarh, District Raigarh, Chhattisgarh

4. Sub Divisional Officer, Sub Division Sarangarh, Rural Engineering Services Division Raigarh, District Raigarh, Chhattisgarh

5. The Chief Engineer, Rural Engineering Services Development Office, Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Amiyakant Tiwari, Advocate For State :

Mr. Jitendra Pali, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 22.07.2019

1. The order under challenge in the present writ petition is Annexure P-1 dated 12.02.2019 whereby the services of the petitioner have been

discontinued.

2. At the outset, this Court is of the opinion that the writ petition would not be sustainable for the reason that the substantive status of the petitioner enjoyed is that of a daily wage employee and the services of a daily wage employee are not governed by any particular set of rules and regulations neither can he be termed to be civil servant or a government employee by which the order of termination could be tested qua the rules governing the service conditions of the concerned employee.

3. In view of the same, this Court is of the opinion that the writ petition would not be maintainable. However, the right of the petitioner stands reserved to avail the remedies open to the petitioner under the labour laws before the concerned forum.

4. With the aforesaid observation, the writ petition stands disposed off. Sd/- P. Sam Koshy Judge Khatai