Order On Board

14.03.2024

1. This petition has been filed challenging the order dated

19.03.2010 (Annexure P/1) whereby, the services of the petitioner was discontinued and arrears of salary for the period from 06.09.2006 to 06.12.2006 amounting to Rs.31,200/- along with considerable interest was not paid on account of wrong dismissal by the respondent authorities. The petitioner has also prayed for a direction to the respondents for his reappointment on the post of Copy Writer and also to direct them to initiate enquiry against respondents No.4 & 5 for harassing the petitioner.

2. Brief facts of the case are that the petitioner was appointed on the post of Copy Writer on 29.12.2002 on a fixed salary of Rs.6,000/- per month for one year (Annexure P/2). His services were extended from time to time. The respondent authorities issued reappointment order and contract order was accordingly renewed. Petitioner worked till 03.04.2009 without any interruption. Earlier the petitioner was terminated by respondent No.5 vide order dated 06.08.2006 which has been cancelled by the order dated 06.12.2006 (Annexure P/5) by the higher authorities. In representation of the petitioner, it has also been stated that respondent No.5 due to personal grudge always used to try to implicate the petitioner in a false case punishable under SC & ST Act. Salary for 4 months (August 2006 to November 2006) i.e. Rs.31,200/- has also not been paid to the petitioner. The petitioner moved a representation dated 26.08.2008, but no action has been taken. The petitioner has worked for more than 7 years in respondent No.3 ofÏce and there was no complaint regarding his performance, but without any reason, his service contract was not renewed, whereas, other similarly situated employees selected through same advertisement have been allowed to be continued. Earlier the petitioner has preferred WPS No.6961/2009, which was disposed of vide order dated 27.11.2009 (Annexure P/10) on the basis of submission made by counsel for the petitioner that payment of balance salary of Rs.31,200/- has not been made. The Writ Petition was sought to be withdrawn with liberty to file a fresh representation before the concerned authority. The said prayer was allowed and liberty was granted. Thereafter, the petitioner has made a representation on 07.12.2009 (Annexure P/11) for payment of salaray of Rs.31,200/- after wrong removal from the service i.e. 06.08.2006 and cancellation of the said order dated 06.12.2006 (Annexure P/5). Thereafter, impugned order dated 19.03.2010 (Annexure P/1) was passed and after completion of the contractual period on 31.03.2009, services of the petitioner were not renewed and his representation for the payment of the salary for the period from 06.08.2006 to 06.12.2006 was also rejected. Hence this Petition.

3. In the return filed by respondent No.3 & 4, it has been stated that renewal of services of such employees by the respondent department from time to time was subject to the quality and efÏciency of such employees. As the petitioner has not worked for the period from August 2006 to November 2006, he was not entitled for payment for the said period on the basis of no work no pay. As the services of the petitioner were renewed every year, the petitioner has no legal right to claim continuation of the service. Non-renewal of the contract services of the petitioner was always subject to the requirement of the department and the impugned order is non-stigmatic, therefore, the petition deserves to be dismissed.

4. Learned counsel for the petitioner would submit that non payment of the salary and not renewal of the service contract of the petitioner as per Chhattisgarh Civil Sewa (Sanvida Niyukti) Niyam, 2004 are bad in law. The petitioner was appointed against the sanctioned and vacant post and he has a right to work till vacancies are filled up but the petitioner was wrongly removed from service on 06.08.2006 due to personal malice of respondent No.5 and on the ba