Rajasthan High Court - Jodhpur
Miss.Sunita Acharya vs Raj.Inte.Ginea. Eradi.Project ... on 17 November, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 420/2003
Miss. Sunita Acharya D/o Shri Gopi Lal Ji, by caste Acharya, R/o
Pipar House Bagar Chowk, Jodhpur.
----Appellant
Versus
1. The Rajasthan Integrated Gineaworm Eradication Project
FF-701 Punchasheel Marg, C. Scheme, Jaipur.
2. Sanitation Water and Community, Health Project T.R.I.
Campus, 25 Alkapuri Ayorved College Chouria, Udaipur.
3. The State of Rajasthan through the Secretary, Panchayat
Raj Secretariate, Jaipur.
----Respondents
For Appellant(s) : None Present
For Respondent(s) : None Present
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
17/11/2022
Briefly stated facts of the case are that the appellant was
initially appointed as temporary health educator for a period of
three months in the pay scale of Rs. 610-1090 at Banswara vide
order dated 29.12.1986, issued by the Project Director Integrated
Guinea-worm Eradication Project (hereinafter referred to as
'IGEP'). Pursuant to the order of appointment dated 29.12.1986,
appellant joined services on 15.01.1987. While the appellant was
working in IGEP, she came to be selected and appointed as Project
Director in Women and Child Development Department,
Rajasthan, Jaipur on contractual basis w.e.f. 04.11.1992. On
17.11.1992 the appellant, was relieved from IGEP for joining her
(2 of 3) [SAW-420/2003]
duties as Project Director, District Women Development Authority,
Dungarpur. Subsequently, vide an another order dated
21.10.1995, the contractual services of the appellant on the post
of Project Director were terminated and she was repatriated to the
IGEP. The Director IGEP, vide an office order dated 21.09.1995,
appointed appellant as Project Officer, IGEP, Nagaur for a period of
three months. The services of the appellant were extended from
time to time against the post of Project Officer, IGEP, Nagaur. The
Additional Director, IGEP on 10.11.1997 issued an order stating
inter alia that the IGEP project shall be discontinued w.e.f.
31.12.1997. Consequently, the services of contractual employees
were discontinued.
The appellant by way of filing writ petition before learned
Single Bench prayed that the order dated 10.11.1997 issued by
Additional Director, IGEP may be declared illegal and the
respondents may be directed to regularize her services on the
post of Project Officer.
We have perused the pleadings of the writ petition preferred
before learned Single Bench and the material available on record.
It is a settled law that if the temporary or contractual
engagement/appointment is in connection with a particular project
or a specific scheme, the ad-hoc/ contractual/temporary service of
the persons employed under the project or scheme would come to
an end, on completion/closure/cessation of the project or scheme.
We have noticed that appellant from the inception of her
services was working as a contractual employee in the respondent
department. Mere continuance in IGEP for a period more than ten
years would not entitle the appellant to seek regularization
(3 of 3) [SAW-420/2003]
particularly when the project or scheme under which she was
employed is no longer in existence.
In view of the aforesaid discussion, the relief of
regularization is not admissible to the appellant. Accordingly, the
special appeal is dismissed.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
59-KshamaD/-
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