Pramath Patnaik, J. - (1.) In the accompanied writ application the petitioner has, inter-alia, prayed for issuance of writ of certiorari for quashing the order dated 14.02.2015 issued by respondent no. 3 pertaining to removal of the petitioner from the post of driver at B.D.O. Office, Meral, Garhwa and for issuance of writ of mandamus to the respondent to reinstate the petitioner to the post of driver in B.D.O. Office, Meral.
(2.) The facts as disclosed, in the writ application, in a nutshell is that the post of driver fell vacant due to demise of deputationist Dhirendra Kumar Singh in the Office of Block Development Officer, Meral and the petitioner was engaged on 13.10.2010 as jeep driver in B.D.O. Office, Meral on daily wage basis. The petitioner continuously discharged his duty on the said post without any blemish and the authorities were satisfied with his duty and conduct and accordingly, experience certificate was issued to the petitioner by the Block Development Officer, Garhwa vide Annexure-5 to the writ application. The petitioner under RTI sought information from the BDO office that what was the circumstances under which he has been removed from the post of driver upon which a reply was given on 14.02.2015 that the service of the petitioner has been dispensed with due to some unavoidable circumstances, vide Annexure-7 to the writ application. Being aggrieved by the said order, the petitioner submitted representation dated 31.03.2015 before the respondent nos. 2 & 3 but the said representation have not evoked any response from the respondent authorities.
(3.) A counter-affidavit has been filed on behalf of the respondents controverting the averments made in the writ application. It has been, inter-alia, submitted that the petitioner has been engaged with full knowledge as a driver on daily wage basis that he will not have any claim of regularisation in future. Therefore, no claim is made out and the writ petition is fit to be dismissed. The termination of the petitioner has been made only because of non availability of the work.;