Rajasthan High Court
Vijay Laxmi D/O Shri Suresh Kumar vs State Of Rajasthan on 28 April, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 14540/2021
Vijay Laxmi D/o Shri Suresh Kumar, Aged About 23 Years, R/o
Village And Post Loyal, Tehsil Khetri, District Jhunjhunu
Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Medical And Health, Government Of
Rajasthan, Government Secretariat, Jaipur.
2. Director (Non Gazetted), Medical And Health Services,
Rajasthan Swashtya Bhawan, Tilak Marg, C-Scheme,
Jaipur, Jaipur.
3. Chief Medical And Health Officer, Jhunjhunu.
4. Medical Officer In-Charge, Government Ajeet Hospital
Khetri, Jhunjhunu.
----Respondents
For Petitioner(s) : Mr. Raghu Nandan Sharma for Mr.
Mahendra Sharma.
For Respondent(s) : Mr. Vivek Tyagi, Dy.G.C.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
28/04/2022
This writ petition has been filed by the petitioner with the
following prayer:-
"It is therefore, most humbly prayed
that Your Lordships' may graciously be
pleased to admit and allow this writ
petition; call for and examine entire record
of the case and
a) By an appropriate writ, order and
direction in the nature thereof the
impugned order dated 23.11.2021 may
kindly be quashed and set aside and
respondents may kindly be directed to
consider the candidature of the petitioner
and give posting as Assistant Radiographer
(2 of 4) [CW-14540/2021]
(UTB) against vacant post in any Hospital
of District Jhunjhunu under the command
and control of Chief Medical and Health
Officer Jhunjhunu.
(b) Any other relief as this Hon'ble Court
may deem fit and proper be also passed in
favour of the petitioner."
Brief facts of the case that in pursuance to the advertisement
dated 30.05.2021 issued by the respondents, the petitioner was
appointed for the post of Assistant Radiographer on urgent
temporary basis, However, vide order dated 23.11.2021 when
services of the petitioner were terminated by the respondents
then he approached this Court by filing the present writ petition.
As evident from the condition No.3 of the advertisement, the
services of the employee can continue only upto the period till the
regularly selected candidates are made available and in light of
the condition No.3 of the advertisement, the petitioner being
contract employee, his services have been terminated by the
respondents vide order dated 23.11.2021, as the regularly
selected candidate namely Arvind Kumar joined the duty.
Counsel for the petitioner submits that in a similar situation,
the medical officer in another Hospital has recommended for
consideration of candidature of the existing candidate against the
vacant post.
Counsel for the respondents has opposed the writ petition
and submitted that as per the condition No.3 of the
advertisement, the services of the employee can continue only
upto the period till the regularly selected candidates are made
available, therefore, prayed for dismissal of the writ petition filed
by the petitioner.
Heard counsel for the parties and perused the record.
(3 of 4) [CW-14540/2021]
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
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 condition No.3 of the advertisement, 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 candidate namely Arvind
Kumar has already joined service, 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 candidate
namely Arvind Kumar has already joined service as Assistant
Radiographer, as such services of the petitioner being contractual
automatically came to an end; secondly services of contractual
(4 of 4) [CW-14540/2021]
employee are governed by the condition No.3 of the
advertisement dated 30.05.2021; thirdly, in view of the judgment
passed by the Hon'ble Supreme Court in the matter of State of
Maharashtra (supra), 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
MG/145
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