TAPEN SEN, J. - (1.) HEARD Mr. K.P. Mitra, learned counsel for the petitioner and Mr.R.R. Mishra, learned G.P. -II for the State.
(2.) THE admitted case of the petitioner s that his services were terminated on 3.4.1989 by Annexure 3. Six years and eight months thereafter, i.e. on 11.12.1995, he petitioner filed CWJC No. 3662 of 1995(R), wherein he made the following prayer: - "That the petitioner prays for an appropriate writ/order/direction from this Hon'ble Court commanding upon the concerned respondents to show cause as to under which circumstances the services of the petitioner is not being regularised as Assistant and A writ of or in the nature of mandamus commanding upon the concerned respondents to immediately and forthwith absorb the petitioner as Assistant on permanent basis Or Any other appropriate writ(s) be issued, order(s) be passed and direction(s) be made as to Your Lordship may appear fit and proper for doing conscionable justice to the petitioner." On 19.2.1996, after some arguments the writ petition was permitted to be withdrawn. No leave was taken from the Court to file a 2nd writ application. In the present writ application, the petitioner has made the following prayers: - "(a) To regularise and/or at least formally appoint the petitioner in Class III job under the Establishment of the Singhbhum (East) District Collectorate, as he having had been appointed on one such post namely that of Copyist -cum -Typist w.e.f. 16.4.1983 (vide Annexures 1 and 2) on daily wage basis rendered continuous satisfactory service on the said post for long years till 3rd April, 1989 (vide Annexure 3) but thereafter his services having had been terminated irregularly and illegally. (b) To allow the petitioner to continue to work in the same capacity as he was originally appointed in the year 1983 and continued to be paid as such till formal orders of regularisation of his services are issued and/or his regular appointment on any equivalent Class III post under the Singhbhum (East) District Collectorate is made. and Grant such other relief or reliefs to which the petitioner is entitled to, in the facts and circumstances of this case."
(3.) THE aforementioned prayers cannot be allowed inasmuch as an employer whose services have been terminated cannot pray for regularisation or formal appointment. The other prayer that he should be allowed to continue to work also cannot be allowed because no person has a right either to claim that he should be appointed on a particular post nor can he be said to have an existing right to claim that he should be allowed to continue to work in the same capacity as he was originally appointed in the year 1983.;