Harsh Kumar Toppo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.S. NO. 6495 OF 2018 Harsh Kumar Toppo, S/o Shri Ishak Toppo, aged about 36 years, R/o I.T.I., Ward No.33, Rampur, Korba, Tahsil & District Korba (CG) ... Petitioner versus 1.

State of Chhattisgarh, through its Secretary, Department of Panchayat & Rural Development, Mahanadi Bhawan, Naya Raipur, District Raipur (CG) 2.

The Commissioner, Mahatma Gandhi National Rural Employment Guarantee Scheme, Raipur (CG) 3.

The Collector-cum-District Coordinator (MNREGA), Raigarh (CG) 4.

The Chief Executive Officer, Zila Panchayat, Raigarh (CG) 5.

The Chief Executive Officer, Janpad Panchayat, Baramkela, District Raigarh (CG) 6.

The Project Officer (MNREGA), Jila Panchayat, Raigarh (CG) ... Respondents For Petitioner :

Mr. Amit Kumar Sharma, Advocate.

For Respondents :

Ms. Sunita Jain, Advocates.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2018 1.

Challenge in the present writ petition is to the discontinuance of the petitioner from the post of Assistant Technician (Contractual). 2.

Grievance of the petitioner is that after having put in about 5-6 years of continuous service on contractual basis, the respondents have abruptly discontinued the services of the petitioner.

3.

Perusal of record reveals that the service of the petitioner stood discontinued on completion of the contract period. 4.

Given the said fact, there cannot be an indefeasible right created in favour of the petitioner for issuance of appropriate writ by the High Court under Article 226 of the Constitution of India for continuity in service. This power is vested solely with the employer i.e. the State Government. 5.

Given the said fact, the petitioner is directed to approach the authorities by making a suitable representation in this regard and the respondents in turn may decide the same in accordance with the rules governing the field.

6.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge