Citation : 2025 Latest Caselaw 4487 MP
Judgement Date : 18 February, 2025
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1 WP-860-2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 18th OF FEBRUARY, 2025
WRIT PETITION No. 860 of 2018
MANOJ KUMAR SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dileep Kumar Pandey - Advocate for petitioner.
Shri Mohan Sausarkar - Govt. Advocate for respondents/State.
WITH
WRIT PETITION No. 14081 of 2017
HARISH KUMAR SHARMA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dileep Kumar Pandey - Advocate for petitioner.
Shri Mohan Sausarkar - Govt. Advocate for respondents/State.
ORDER
Additional documents i.e. appointment order of petitioner-Manoj
Kumar Sharma as Samvida Shala Shikshak Grade III filed vide covering memo dated 18.02.2025 are taken on record.
2. This common order shall govern disposal of both the aforesaid writ petitions, as the question of law and facts involved herein, are similar. For the sake of convenience and in order to effectively address the issue involved herein, the facts relevant for adjudication are being culled out and taken from WP No.860 of 2018.
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2 WP-860-2018
3. The challenge in both the petitions is made to the impugned order dated 21.01.2008 passed by Collector Rewa (M.P.) whereby appointments of the petitioners on the post of Samvida Shala Shikshak Grade III have been cancelled in suo moto proceedings. The petitioners are further aggrieved by the order dated 29.05.2017 passed by Commissioner Rewa Division Rewa (M.P.) whereby the appeal preferred by the petitioners has been dismissed.
4. It is the case of the petitioner that Gram Panchayat Paharkha Janpad Panchayat Gangeo District Rewa (M.P.) passed a resolution for appointment of the petitioner on the post of Guruji, in pursuance of which Janpad Education Committee Janpad Panchayat Gangeo approved the name of the petitioner for appointment to the post of Guruji in its meeting held on
23.09.2001. The Chief Executive Officer Janpad Panchayat Gangeo District Rewa wrote a letter to Sarpanch Gram Panchayat Paharkha to the effect that the petitioner has been selected on the post of Guruji vide letter dated 20.12.2001. He was sent on training of Guruji which was held between 10.06.2002 to 30.06.2002. The petitioner took the charge on the post of Guruji on 20.12.2001 and informed the said fact to the Chief Executive Officer Janpad Panchayat Gangev. The bank accounts were operated in the name of the petitioner as Guruji as is reflected from letter dated 02.02.2002. The Chief Executive Officer issued orders on 23.11.2002 and 13.12.2002 whereby petitioner-Manoj Kumar Sharma and others i.e. petitioners in connected WP No. 14081 of 2017 were appointed as Samvida Shala Shikshak Grade III in Government High Secondary School Unchatola Block Gangev Tahsil Sirmour District Rewa. He worked from December 2002 to
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3 WP-860-2018 December 2005 as Samvida Shala Shikshak Grade III and in the meantime the petitioner did his D.Ed course from District Education and Training Institution, M.P. run by the State Government. Since the petitioner and others were appointed for a period of three years on contract basis subject to the condition of satisfactory working, their contract period was further extended for a period of three years but the Chief Executive Officer while extending the services of the petitioner and others sought recommendation/guidance of Collector Rewa for extension of their services. The Education Committee of Janpad Panchayat Gangeo vide resolution dated 23.12.2005 sent a proposal for extension of services of the petitioner and others for further three years. Thereafter, the Collector took a suo moto cognizance with respect to the appointments of the petitioner and others and issued notices to them. The Collector Rewa issued the show cause notice vide note sheet dated 10.04.2006. A detailed reply has been filed to the aforesaid show cause notice by them. Thereafter, the order dated 21.01.2008 has been passed by Collector Rewa in suo moto proceedings cancelling the appointment of the petitioner and others on the ground that the original documents of appointments of the petitioner and others are not available in the office of Janpad Panchayat Gangeo. The Collector has not considered the aspect that the Janpad Panchayat is the custodian of the records, therefore, the said ground was not available to the Collector. Another ground taken by the Collector is that the appointment of the petitioner and others to the post in question is contrary to the Madhya Pradesh Panchayat Samvida Shala
Shikshak (Appointment and Conditions of Service) Rules, 2001. Being
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4 WP-860-2018 aggrieved, the petitioners preferred an appeal before the Commissioner Rewa Division Rewa which was dismissed vide order dated 29.05.2017. Therefore, the present petition has been filed on the ground that the period for initiating suo moto proceedings by the Collector, the limitation is only 60 days. The petitioner was issued appointment letter on 20.12.2001. He worked on the post of Samvida Shala Shikshak Grade III from December 2002 to December 2005 and his work was found to be satisfactory by the authorities and proposal for extension of contract period was made but the learned Collector has not taken note of the aforesaid aspect and has taken suo moto proceedings against the petitioner and others. It is further submitted that the appointment letter of the petitioner has been issued under the signatures of Chief Executive Officer, Janpad Panchayat Gangeo. The respondents- authorities are the custodian of the record. They were aware of the fact that the appointment order has been issued to the petitioner. The proceedings which have been filed clearly indicate that in terms of the resolution passed by the authorities which was duly approved by the Chief Executive Officer, Janpad Panchayat Gangev District Rewa, appointment order to the vacant post of Guruji was issued to the petitioner on 20.12.2001. The learned Collector has taken note of the fact that the note sheet dated 25.11.2002 issued by the Hon'ble Chief Minister of the State for appointment of the petitioner to the post of Samvida Shala Shikshak Grade III is not available in the records, therefore, the appointment is per se illegal and without following the Rules. Therefore, the petition has been filed.
5. On notice being issued, a detailed reply has been filed by the
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5 WP-860-2018 respondents denying the petition averments. It is contended that the original record pertaining to appointment of the petitioner and others to the post in question is not available. The District Education Officer vide its letter dated 01.05.2006 has pointed out that in terms of the letter dated 13.12.2002 written by the then District Education Officer to the Chief Executive Officer, Janpad Panchayat Gangeo District Rewa considering the petitioner as a special case due to which all the rules were relaxed and special appointment order on the post of Samvida Shala Shikshak Grade III was issued on humanitarian grounds but the original document/note-sheet written under the signatures of Hon'ble Chief Minister is not available in the records. On searching and asking for the records, the same was not found and it was informed that the said record is not available. It is the case of the respondents that the appointment to the post in question was done on compassionate basis but the Rules i.e. Madhya Pradesh Panchayat Contractual Teachers (Conditions of Appointment and Service) Rules, 2001 have not been followed. Further, as far as the ground pertaining to the limitation of 60 days for exercising suo moto proceedings is concerned, he has placed reliance upon the judgment passed by a Full Bench of this Court in the case of Ranveer Singh (Dead) through LRs vs State of Madhya Pradesh, reported in ILR 2011 MP 1 decided 30.08.2010 wherein it is held that from the date of knowledge of the illegality committed, the limitation has to be counted. It is argued that when the matter was forwarded by the Chief Executive Officer seeking approval for extension of the contractual period of the petitioner, the illegalities came to the knowledge of the Collector and he summoned the
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6 WP-860-2018 entire records pertaining to the appointment of the petitioner and others then it was found that no such records pertaining to appointment of the petitioner and others are available in the department. Under these circumstances, suo moto powers were exercised from the date of knowledge of the illegalities committed in granting appointment to the petitioner and others. He has prayed for dismissal of the petitions.
6. Heard learned counsel for the parties and perused the record.
7. The sole question which crops up for consideration before this Court is whether the suo moto proceedings exercised by the Collector beyond the period of 60 days are sustainable or not ?
8. It is not in dispute that the petitioner was issued the appointment order under the signatures of the Chief Executive Officer, Janpad Panchayat Gangeo District Rewa which has been filed today along with Covering Memo No. 2800 of 2025. Further, vide order dated 20.12.2001 (Annexure P/2), he was appointed on the vacant post of Guruji. In pursuance to the same, he submitted his joining on the post in question on 20.12.2001 under intimation to the Chief Executive Officer, Janpad Panchayat Gangeo District Rewa. The bank operations were started in the name of the petitioner which is reflected from the letter dated 02.02.2002 issued under the signatures of the Development Block Education Officer, Gangeo District Rewa. The record reveals that the petitioner and others were appointed on the post of
Samvida Shala Shikshak Grade III vide orders dated 23.11.2002 and 13.12.2002 and thereafter they continued to work on the post in question upto December 2005. There was no proceeding initiated at any point of time
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7 WP-860-2018 by the authorities against the working of the petitioner and others. Initially the appointment to the post in question i.e. Samvida Shala Shikshak Grade III was made for a period of 3 years subject to further extension on satisfactory work. The work of petitioner and others was found to be satisfactory, therefore, the recommendation for extension of their contract period was made and the matter was sent by the Chief Executive Officer Janpad Panchayat Gangeo District Rewa for seeking approval from the Collector Rewa for extension of the contractual period. On 10.04.2006, when the irregularities came to the knowledge of the Collector Rewa, the matter was taken up in suo moto proceedings and it was found as follows :
संचालक, लोक िश ण संचालनालय, म० ० भोपाल का प कमांक वस०अ/बजट/30/2006/303 भोपाल, दनांक 22.03.2006 के प रपालन म त कालीन मु य कायपालन अिधकार , जनपद पंचायत गंगेव, जला र वा के आदे श कमांक 554, 585/ व./अनुक पा /िनयु / 2002 आदे श दनांक 23.11.2002 एवं 13.12.2002 जसके तहत ी हर श शमा इ मुिन शमा पता राजीवलोचन शमा, ाम ऊचा टोला, पो ट पहरखा. शा० उ० मा० व० ऊंचा टोला, वकास ख ड गंगेव, ी मनोज कुमार शमा, अितशेष सहायक िश क, शासनाधीन अ जान, उ०मा० व० गगहरा, शा० उ० मा० व० ऊंचा टोला, वकास ख ड गगेव, ी रनजीत चतुवद शा० उ० मा० व (मा यिमक वभाग) ऊचा टोला, ी सतीश शमा, शा० उ० मा० व (मा यिमक वभाग) ऊचा टोला, ी पवन कुमार शमा शा० उ० मा० व० (मा यिमक वभाग) ऊचा टोला जला र वा म िश ा कम वग-3 के पद पर िनयु या क गई है ।
अधीन थ कायालय के उ आदे श के अवलोकन एवं पर ण करने पर िन निल खत अिनयिमतताये एच अवैधािनकता पाई गई:-
(1) अधीन थ कायालय ने अपने प कमाक संिश /2006/165 गगेच दनाक 16.01.2006 म लेख कया गया है क वष 2002 म सं वदा शाला िश क वग-3 क िनयु माननीय मु यमं ी महोदय के नोटशीट दनांक 25.11.2002 एवं जला िश ा अिधकार र वा का प कमांक 534 दनाक 20.11.2002 एवं प कमांक 558, 560, 562, 564 दनाक 13.12.2002 के स दभ म त कालीन मु य कायपालन अिधकार , जनपद पंचायत गगेव ारा क गई थी. क तु उ िनयु य से सबंिधत मूल अिभलेख जनपद पंचायत कायालय म उपल ध नह है ।
(2) अधीन थ कायालय ारा स दिमत प म यह भी प कया गया है क अनावेदक गण क िनयु या सं वदा शाला िश क वग-3 के पद पर त कालीन मु य कायपालन अिधकार जनपद पंचायत गंगेव ारा क गई है , क तु सामा य शासन सिमित गंगेव का अनुमोदन नह कराया गया है ,
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8 WP-860-2018 जब क सामा य शासन सिमित का अनुमोदन कराया जाना आव यक है ।
(3) वकास ख ड िश ा अिधकार , गंगेव जो चयन सिमित के पदे न सिचव है . उनसे कसी कार का िनयु य के संबंध म सहयोग िलया जाना नह ं पाया जाता।
9. Thereafter, on the same day, the Collector issued show cause notices to the petitioner and others and were asked to file the response by 01.05.2006 or appear before the authorities along with the relevant records. They appeared before the authorities and prayed for a short time to file response to the show cause notice. On 18.09.2006, the reply was filed before the authorities and the matter was placed for arguments on 23.10.2006. Thereafter, the final order was passed on 21.01.2008 (Annexure P/9) observing as under :
1. करण आज आदे श हे तु िलया गया।
2. आदे श पा रत कया जाकर करण म पृथक से संल न कया गया।
3. मु य कायपालन अिधकार , जनपद पंचायत गंगेव, जला र वा के आदे श कमांक 554, 585/ व/अनुक पा / िनयु /2002 आदे श दनाक 23.11. 2002 एवं 13.12.2002 जसके तहत अनावेदक गण क िनयु सं वदा शाला िश क वग-3 के पद पर शासक य उ चतर मा यिमक व ालय एवं शासक य क या एवं पूव मा० व० क या. ऊचा टोला, वकास ख ड गंगेव, तहसील िसरमौर, म गई है , अवैधािनक एवं िनयम व होने के कारण िनर त क जाती है ।
4. चू ं क त कालीन जला िश ा अिधकार , र वा, मु य कायपालन अिधकार , एवं वकास ख ड िश ा अिधकार ारा बना िनयु का मूल अिभलेख न होने के वावजूद अनावेदक गण को िनयु दनाक से िनयु िनर तगी दनांक तक य द वेतन आहरण कराया गया है तो जला िश ा अिधकार र वा को आदे िशत कया जाता है क संबंिधत अिधका रय के व पृथक से वभागीय जांच सं थत करने क कायवाह करते हुए रािश क वसूली कर।
10. From perusal of the aforesaid, it is seen that there is virtually no consideration by the learned Collector while cancelling the appointment of the petitioner and others. While cancelling their appointments, he has further directed to make recovery from erring officer and has directed for conducting an enquiry against him. The entire order sheets are placed on record since from the date i.e. 10.04.2006 i.e. the date on which the suo moto cognizance was taken by the learned Collector. No proceedings took place on
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9 WP-860-2018 23.05.2006, 19.06.2006, 31.07.2006, 21.08.2006 and 05.09.2006. It is only on 18.09.2006, the reply has been filed by the counsel who was appearing for the petitioners before Collector Rewa. Thereafter, the matter was fixed on 23.10.2006. None of the order-sheets shows that the learned Collector had directed to the authorities to send the complete record pertaining to appointment of the petitioner and others in question. The matter was adjourned thereafter on several dates for one or the other reason, either on behalf of the authority i.e. Collector Rewa District Rewa (M.P.) who was not available or was busy in some administrative work or on the request of the counsel appearing for the petitioners; however, the matter was finally heard on 21.01.2008 whereon learned Collector has only observed that the appointment orders have been issued without following the Rules in vogue and in absence of any records pertaining to the appointment of the petitioner and others, the entire proceedings are illegal. The fact remains that the Janpad Panchyat is the custodian of the records. If the records are lost from the department/panchayat then how the petitioner can be blamed for it. There is no consideration pertaining to the same. The appointment orders which were issued to the petitioner and others dated 23.11.2002 and 13.12.2002 clearly show that they are issued by the Chief Executive Officer Janpad Panchayat Gangeo District Rewa. The work of the petitioner and others was found satisfactory by the Chief Executive Officer Janpad Panchayat Gangeo as he has sought approval from the Collector Rewa for extension of their services. Even the letter dated 23.12.2005 issued by the Education Committee Janpad Panchayat Gangeo shows the satisfaction regarding
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10 WP-860-2018 petitioner's working. It is not the case of the respondents that the petitioners have procured their appointment by playing fraud, rather it is the case of the respondents that that the note sheet written by the Hon'ble Chief Minister on the basis of which the entire Rules were relaxed and the appointment orders were issued in favour of the petitioner and others. The record pertaining to such appointments are not available in the office. The petitioners cannot be held responsible for the same.
11. Respondents' counsel has placed an order dated 23.11.2012 (Annexure R/1) whereby services of the then District Education Officer, Rewa who has issued the special appointment orders were terminated on the ground that he committed several irregularities while discharging his official duties. The fact remains that no fact-finding enquiry has been conducted by the authorities as far as the appointment of the petitioner and others is concerned. The order which has been placed on record dated 23.11.2012 is with respect to the then District Education Officer, Rewa pointing out the fact that in Special Case No. 14 of 2004, he was convicted under Sections 420 & 120B of IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for 3 years, 2 years and 3 years and to pay fine of Rs. 10,000/-, Rs. 5,000/- and Rs. 15,000/- respectively with default stipulations. After his conviction, the proceedings in terms of Rule 19(1) of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 were drawn against him and his services were terminated. The relevant extracts of the order dated 23.11.2012 reads as follows :
ी िम ा ारा लोक िश ण संचालनालय के अ तगत उप संचालक िश ा के
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11 WP-860-2018 पद पर पद थापना के दौरान अपने पद य दािय व के िनवहन म क गई अिनयिमतताओं के कारण अपराध करण कमांक 97/98 सं थत हुआ है एवं उ करण म क गई अिनयमतताओं के कारण ह माननीय वशेष यायाधीश पी.सी. ए ट. र वा ( ी ओंकार नाथ) म व. .क. 14/2004 दनांक 31.12.2004 सं थत कया गया है एवं मान. यायालय ारा अपने आदे श दनांक 08.12.2011 म ी िम ा को दोषी मानकर द डादे श पा रत कया गया है ।
करण के सम त य का अ ोपरा त, शीलन उपरा त तथा करण म उपल ध अिभलेख को गत रखते हुए तथा ी िम ा ारा तुत ितवाद दनांक 05.04.2012 समाधानकारक न होने एवं ी िम ा का मूल पद-उ च णे ी िश क (अराजप त) होना अिभलेख से िस होने के फल व प एत ारा संचालनालय के आदे श कमांक-सत/एम/लो/र वा /11/ 363 दनांक 25.02.2012 ारा ता वत पद युित क शा त त काल भाव से अिधरो पत करते हुये सेवा से पद युत कया जाता है । इ ह िनल बन अविध म भुगतान क गई जीवन िनवाह भ ा रािश के अित र अ य कोई वेतन रािश एवं व व क पा ता नह ं होगी ।
12. From the perusal of the aforesaid, it is apparently clear that there were several irregularities committed by the then District Education Officer while granting appointment to the petitioner and others. Their initial appointments were only for a period of 3 years, subject to extension; however, the same was never granted and when the letter was sent for approval to the Collector for extending their service period, then the Collector observing certain irregularities took the matter in suo moto proceedings. The argument advanced by the petitioners that the period of limitation is only 60 days and beyond the period of 60 days, no suo moto proceedings could have been drawn against the petitioners. The fact remains that the Full Bench decision of this Court in the case of Ranveer Singh (supra) has considered the aspect o f suo moto proceedings by the authorities in terms of Section 50 of the M.P. Land Revenue Code. The reference has been answered pointing out the fact that the date of knowledge on which the illegalities have been brought to the notice of the authorities will be the relevant date. As soon as the matter
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12 WP-860-2018 was forwarded to the learned Collector seeking extension of contractual period of the petitioner and others, the illegality was brought to his notice and immediately the suo moto proceedings were initiated by him finding that no records pertaining to the appointment of the petitioners are available. The power for revision or initiation of suo moto proceedings to the authorities is with an intent to remove the illegality, impropriety or irregularity of an order or proceeding of any of the officers subordinate to him. It may be a case that such illegality or impropriety may not be in the knowledge of senior authority for any length of time but as soon as the said illegality came to his knowledge or he himself came to know regarding the illegality committed by the subordinate authority then he can take action by initiating suo moto proceedings against the said illegality. Similar is the case in hand. There is no counter to the return submitted by the respondents-authorities to point out that any procedure was followed while granting appointment to the petitioners. The reason which has been assigned for cancellation of contract period of the petitioners is that the appointment orders have been passed in gross violation of the Rules pertaining to the appointment on the post of Samvida Shala Shikshak Grade III coupled with the fact that the record
pertaining to the note sheet written by the Hon'ble Chief Minister relaxing all the Rules and granting appointment are not available in records. The entire record pertaining to the appointment of the petitioners on the post of Samvida Shala Shikshak Grade III is not available in the department.
13. Under these circumstances, it can safely be inferred that the appointment of the petitioners has been granted illegally. Even otherwise, the
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13 WP-860-2018 action has been taken against the concerning officer i.e. the then District Education Officer Rewa who has issued the appointment orders to the petitioners and accordingly, he was dismissed from service. The record further indicates that there is no interim relief granted to the petitioners at any point of time. It was only a contract appointment granted to the petitioners for a period of 3 years which has never been extended.
14. Admittedly, the appointment of the petitioners is purely contractual and governed by the conditions of the contract duly signed by them. The rights of the contractual employees are limited and they do not have any vested right asking for continuation of their contract period. The Hon'ble Supreme Court in the case of State Bank of India vs S.N. Goyal, reported in (2008) 8 SCC 92 has considered the rights of a contractual employee and has held as follows :
"17. Where the relationship of master and servant is purely contractual, it is well settled that a contract of personal service is not specifically enforceable, having regard to the bar contained in Section 14 of the Specific Relief Act, 1963. Even if the termination of the contract of employment (by dismissal or otherwise) is found to be illegal or in breach, the remedy of the employee is only to seek damages and not specific performance. Courts will neither declare such termination to be a nullity nor declare that the contract of employment subsists nor grant the consequential relief of reinstatement. The three well-recognised exceptions to this rule are:
(i) where a civil servant is removed from service in contravention of the provisions of Article 311 of the Constitution of India (or any law made under Article 309);
(ii) where a workman having the protection of the Industrial Disputes Act, 1947 is wrongly terminated from service; and
(iii) where an employee of a statutory body is terminated from service in breach or violation of any mandatory provision of a statute or statutory rules.
There is thus a clear distinction between public employment governed by statutory rules and private employment governed
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14 WP-860-2018 purely by contract. The test for deciding the nature of relief-- damages or reinstatement with consequential reliefs--is whether the employment is governed purely by contract or by a statute or statutory rules. Even where the employer is a statutory body, where the relationship is purely governed by contract with no element of statutory governance, the contract of personal service will not be specifically enforceable. Conversely, where the employer is a non-statutory body, but the employment is governed by a statute or statutory rules, a declaration that the termination is null and void and that the employee should be reinstated can be granted by courts..."
15. In Yogesh Mahajan vs AIIMS reported in (2018) 3 SCC 218, it is held as under :
"6. It is settled law that no contract employee has a right to have his or her contract renewed from time to time. That being so, we are in agreement with the Central Administrative Tribunal and the High Court that the petitioner was unable to show any statutory or other right to have his contract extended beyond 30-6-2010. At best, the petitioner could claim that the authorities concerned should consider extending his contract. We find that in fact due consideration was given to this and in spite of a favourable recommendation having been made, the All India Institute of Medical Sciences did not find it appropriate or necessary to continue with his services on a contractual basis. We do not find any arbitrariness in the view taken by the authorities concerned and therefore reject this contention of the petitioner.
7. We are also in agreement with the view expressed by the Central Administrative Tribunal and the High Court that the petitioner is not entitled to the benefit of the decision of this Court in State of Karnataka v. Umadevi (3), (2006) 4 SCC 1 . There is nothing on record to indicate that the appointment of the petitioner on a contractual basis or on an ad hoc basis was made in accordance with any regular procedure or by following the necessary rules. That being so, no right accrues in favour of the petitioner for regularisation of his services. ..."
16. Further, in Rajasthan SRTC vs Paramjeet Singh, reported in (2019) 6 SCC 250, it is observed thus :
"8. We find merit in the submission. The terms of the appointment indicate that the respondent was on a purely contractual appointment and that the services could be
NEUTRAL CITATION NO. 2025:MPHC-JBP:8118
15 WP-860-2018 dispensed with without notice at any stage."
17. It is trite that the services of an ad hoc employee like a temporary employee can be terminated in accordance with the terms of appointment and there is no ban or bar on the employer to replace one ad hoc/temporary employee by another temporary employee. In the present case, the appointment of the petitioners was found to be illegal as no records pertaining to their appointment are available in the department. Furthermore, they were contract employees, their contract period is over. The authorities have refused to extend the contract period. Therefore, no relief can be extended to them.
18. In view of the foregoing discussion and applying the settled principles of law, no interference is warranted under Article 226 of the Constitution of India.
19. The petitions sans merit and are accordingly dismissed. No order as to costs.
(VISHAL MISHRA) JUDGE
VV
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