Rajasthan High Court

Ravi Lekhara S/O Shri Badri Lal vs The State Of Rajasthan on 5 July, 2022

Bench: Inderjeet Singh

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6567/2022

Ravi Lekhara S/o Shri Badri Lal, Aged About 31 Years, R/o
Village And Post Sarthal, Tehsil Chhipabarod District Baran
Presently Working As Data Entry Operator Man With Machin Phc
Sarthal, District Baran Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.     The State Of Rajasthan, Through Principal Secretary,
       Medical      And       Health      Department,            Government    Of
       Rajasthan, Secretariat, Jaipur
2.     Director (Public Health), Medical And Health Service,
       Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
3.     Rajasthan     Medical        Service       Corporation       Department,
       Through Its Chairman/ Managing Director, Gandhi Block,
       Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur.
4.     Nodal Officer, Mndy/ Mnjy, Medical And Health Services,
       Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur.
5.     Chief Medical And Health Officer, Baran.
6.     The Block Chief Medical And Health Officer, Sarthal,
       District Baran.
                                                                 ----Respondents

For Petitioner(s) : Mr. Sukhraj Singh Rathore For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

05/07/2022

This writ petition has been filed by the petitioner with the

following prayer:-

"It is, therefore, humbly prayed that the Hon'ble Court may kindly accept and allow this writ petition; call for and examine entire record of the case and:- I) By an appropriate writ, order or direction, the respondents directed to

(2 of 5) [CW-6567/2022]

petitioner services termination order dated 01.04.2022 (Annexure-5) may kindly be quashed and set aside;

ii) By an appropriate writ, order or direction in the nature thereof the respondents may kindly be directed to continue the service of the petitioner on the post of Computer Operator with Machine through Rajasthan Medical Relief Society and payment of the remuneration may also be paid to them through Rajasthan Medical Relief Society without fresh contractual employee without replacing one set of contractual employee to other contractual employee;

iii) By an appropriate writ, order or direction, to the respondents the petitioner contract extended for the financial year 2022-23.

iv) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner."

As stated in the writ petition, the petitioner was engaged

through placement agency on the post of Computer Operator (Man

with Machine) to serve under the scheme floated by the State

Government, namely Mukhya Mantri Nishulk Dawa Yojna &

Mukhya Mantri Nishulk Janch Yojna, in which the petitioner worked

in 2016 & 2017. It is further stated in the writ petition that the

petitioner was engaged to work on the post of Man with Machine

on contract basis from 01.04.2021 to 31.03.2022, in support of

which an agreement to this effect has been placed on record as

Annexure-2.

Grievance of the petitioner by filing the present petition is

that work performance of the petitioner during the contractual

period has been upto the mark and despite that his contractual

period has not been extended beyond 31.03.2022 and further

alleged that without providing any opportunity to the petitioner his

services have been terminated and the respondents want to

(3 of 5) [CW-6567/2022]

replace the petitioner with another contractual employees and

prayed that he may be allowed to continue further.

Counsel for the petitioner while reiterating the averments

made in the writ petition submitted that without there being any

reasonable cause the respondents have terminated his services,

that too without providing any opportunity of hearing to the

petitioner and prayed to continue his services.

Heard counsel for the petitioner and perused the record.

The Hon'ble Supreme Court in the matter of K.K. Suresh &

Anr. Vs. Food Corporation of India & Ors. reported in (2018)

17 Supreme Court Cases 641 wherein para No.7, has held as

under:-

"7. In the first place, the Appellants failed to adduce any evidence to prove existence of any relationship between them and the FCI; Second, when the documents on record showed that the Appellants were appointed by the FCI Head Load Workers Co-Operative Society but not by the FCI then obviously the remedy of the Appellants, if at all, in relation to their any service dispute was against the said Society being their employer but not against the FCI; Third, the FCI was able to prove with the aid of evidence that the Appellants were in the employment of the said Society whereas the Appellants were not able to prove with the aid of any documents that they were appointed by the FCI and how and on what basis they claimed to be in the employment of the FCI except to make an averment in the writ petitions in that behalf. It was, in our opinion, not sufficient to grant any relief to the Appellants."

The Hon'ble Supreme Court in another judgment in the

matter of Rajasthan State Road Development and

Construction Corporation Ltd. Vs. Piyush Kant Sharma

(4 of 5) [CW-6567/2022]

reported in 2020 SCC Online SC 842 in para 8, has held as

under:-

"8. Having heard the learned Counsel appearing on behalf of the respective parties, we are of the opinion that the High Court has committed a grave error in passing such an interim order restraining the Appellant Corporation from appointing new set of contractual employees in place of original writ Petitioners. No reasons, whatsoever have been assigned by the High Court while passing the impugned interim order. The High Court has failed to appreciate and consider the fact that according to the Appellant Corporation, there was no regular sanctioned post of Computer Operator in the Appellant Corporation and that there was no employer-employee relationship between the original writ Petitioner and the Appellant Corporation and that the original writ Petitioner was a employee appointed by the contractor on contractual basis and worked with the Appellant Corporation on contractual basis. As the writ petition is pending before the High Court, we refrain ourselves from making any further observations on merits. However, we are of the opinion that in the facts and circumstances of the case narrated hereinabove, the High Court ought not to have passed such an interim order. Under the circumstances, the impugned interim order passed by the High Court requires to be quashed and set aside."

This writ petition filed by the petitioner deserves to be

dismissed for the reasons; firstly admittedly, the period of

contractual service of the petitioner has already expired on

31.03.2022; secondly there is no relationship of employee and

employer between the petitioner and state-respondents and the

petitioner being contractual employee cannot claim to be regular

as a matter of right and lastly, in view of the judgments passed by

the Hon'ble Supreme Court in the matter of K.K. Suresh (supra)

& Rajasthan State Road Development and Construction

(5 of 5) [CW-6567/2022]

Corporation Ltd. (supra), I am not inclined to exercise the

jurisdiction of this Court under Article 226 of the Constitution of