Emam Beg v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6520 of 2018 Emam Beg S/o Late Nur Beg Aged About 47 Years Driver, Municipal Corporation, Rajnandgaon, P.S. Rajnandgaon, DistrictRajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

2. Municipal Corporation Rajnandgaon Through The Commissioner, Municipal Corporation, Rajnandgaon, P.S. Rajnandgaon, DistrictRajnandgaon, Chhattisgarh. ----Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer For Respondent No.2 :

Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2018

1. The claim of the petitioner is for grant of seniority from the initial date of appointment as a daily wage worker.

2. The relief sought for by the petitioner is totally misconceived. The services of the petitioner prior to his regularization were purely on daily wages basis. It is settled position of law that a daily wage employee does not have an indefeasible right and further it is not a case, where the petitioner had been subjected to due process of selection while being appointed as a daily wage employee.

3. Moreover, the petitioner in the past had already filed a writ petition i.e. WPS No. 1107/2013, where the limited prayer was for a direction to the respondents to consider the claim of regularization. The relief

which is being now sought for should have also been sought for when the earlier writ petition was filed.

4. For all the aforesaid reasons, this Court does not find any strong case made out by the petitioner for the relief which has been sought for and the writ petition thus being devoid of merits deserves to be and is accordingly dismissed.

Sd/- (P. Sam Koshy) Judge Ved