Rajasthan High Court
Kamlesh Kumhar D/O Shri Duli Chand vs State Of Rajasthan on 1 April, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4535/2022
Kamlesh Kumhar D/o Shri Duli Chand, Aged About 35 Years,
Resident Of Prathmik Svasty Kendra Vala Mohalla, Raithal, Baran
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Secretary, Medical And
Health (Group-2), Department, Secretariat, Jaipur.
2. Chief Medical And Health Officer, Baran (Raj.)
3. Medical Officer In-Charge, Community Health Centre,
Anta Road, Seeshwali, District Baran (Raj.)
----Respondents
For Petitioner(s) : Mr. Manish Kumar Sharma
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
01/04/2022
This writ petition has been filed by the petitioner with the
following prayer:-
"It is, therefore humbly prayed that
Your Lordship may kindly be pleased to
accept and allow the writ petition of the
humble petitioners and by an appropriate
writ, order or direction:
1. Quash and set aside the order dated
03.02.2022 and allow the petitioner to work
on the post of Assistant Radiographer at
Community Health Centre, Sheeshwali,
Baran with all the consequential benefits.
2. Any other order or direction which this
Hon'ble Court deem just and proper may
also be passed in favour of the petitioner."
Brief facts of the case are that the petitioner was appointed
on the post of Assistant Radiographer in the office of respondents
purely on contract basis vide order dated 15.06.2013 and since
then she has been continuing in service on her period of contract
being extended on mutual consent from time to time. However,
vide order dated 03.02.2022 when services of the petitioner were
(2 of 3) [CW-4535/2022]
terminated by the respondents she approached this Court by filing
the present writ petition. As evident from the order/circular dated
04.10.2014, the services of the contractual employee can continue
only upto the period till the regularly selected candidates are
made available and in light of the said order/circular, the petitioner
being contract employee, her services have been terminated by
the respondents vide order dated 03.02.2022, as the regularly
selected candidates joined on 01.02.2022.
Counsel for the petitioner while reiterating the pleadings and
grounds mentioned in the writ petition, submitted that in the
identical facts, a coordinate Bench of this Court in the matter of
Sunil Kumar Sharma Vs. State of Raj. & Ors. (S.B. Civil Writ
Petition No.13233/2021) vide order dated 18.11.2021 has granted
interim protection and prayed that the similar order be passed in
the present case also.
Heard counsel for the petitioner and perused the record.
The Hon'ble Supreme Court in the matter of 'State of
Maharashtra and Ors. vs. Anita and Ors.', reported in (2016)
8 Supreme Court Cases 293, wherein para No.16, it has been
held as under:-
"16. The above terms of the agreement
further reiterate the stand of the State that
the appointments were purely contractual
and that the Respondents shall not be
entitled to claim any right or interest of
permanent service in the government. The
appointments of Respondents were made
initially for eleven months but were
renewed twice and after serving the
maximum contractual period, the services
of the Respondents came to an end and
the Government initiated a fresh process of
selection. Conditions of Respondents'
engagement is governed by the terms of
agreement. After having accepted
(3 of 3) [CW-4535/2022]
contractual appointment, the Respondents
are estopped from challenging the terms of
their appointment. Furthermore,
Respondents are not precluded from
applying for the said posts afresh subject
to the satisfaction of other eligibility
criteria."
Admittedly, the petitioner is a contractual employee and
according to the order/circular dated 04.10.2014 the services of
the contractual employee can continue upto the period till the
regularly selected candidates are made available in the
department and as the regularly selected candidates already
joined service on 01.02.2022, the services of the petitioner being
purely contractual came to an end automatically.
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly regularly selected candidates
have already joined service as Assistant Radiographer, as such
services of the petitioner being contractual automatically came to
an end; secondly services of contractual employee are governed
by the terms and conditions of the contract, therefore in view of
the judgment passed by the Hon'ble Supreme Court in the matter
of State of Maharashtra (supra), the interim order passed by the
Coordinate Bench in the matter of Sunil Kumar Sharma (supra),
relied upon by counsel for the petitioner is of no help to the
petitioner; thirdly in view of the reasons assigned above, I am not
inclined to exercise jurisdiction of this Court under Article 226 of
the Constitution of India.
In that view of the matter, the writ petition stands dismissed.
(INDERJEET SINGH),J
JYOTI /115
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