Court No. - 33
Case :- WRIT - A No. - 7814 of 2021 Petitioner :- Brij Bihari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satish Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed as Driver, on daily wage basis, in the office of respondent no.4 and his engagement has been discontinued from 28th February, 2019. It is urged that no reasons have been assigned for petitioner's discontinuance from service. A representation is also annexed in which it is stated that petitioner was appointed in MANREGA scheme and he otherwise belongs to land user category since his land has been acquired.
A supplementary affidavit has also been filed pursuant to order passed on the previous occasion.
From the materials brought on record it does not appear that petitioner has been offered regular appointment and his engagement was purely on daily wage basis from time to time in the MANREGA scheme. Such engagement of petitioner does not confer any right to continue. Petitioner, therefore, gets no right merely on the strength of such engagement. Even otherwise, law is settled by the Full Bench of this Court in Ravindra Kumar Vs. District Magistrate and others, 2005(1) UPLBEC 118 that no appointment can be offered in lieu of acquisition of land. No relief, accordingly, can be granted.
However, the authorities would not be precluded from considering petitioner's engagement in case of need and past working of the petitioner would be kept in mind while taking a decision in case of fresh adhoc/temporary/daily wage engagement.
Subject to the above observations, this writ petition is consigned to record.
Order Date :- 24.8.2021 Ashok Kr.