Petitioner, a contractual employee whose contract lapsed, sought renewal. The court noted her earlier representation was rejected by the respondent as being against the State's interest. No case for a writ was made out.
prayed for renewal of contract dismissed summarily.
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SBCWP No.10661/2011 Smt. Meera Sharma Vs. State of Rajasthan & Ors.
S.B. Civil Writ Petition No.10661/2011 Smt. Meera Sharma
vs State of Rajasthan & Ors.
DATE OF ORDER: 2nd November 2011
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. J.D.S. Singh, for the petitioner.
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Heard the learned counsel for the petitioner and perused the material placed on record.
The petitioner, said to have been appointed on contractual basis as Garm Rojgar Sahayak in NAREGA Scheme and the contract having not been renewed beyond 28.02.2011, earlier approached this Court by filing a writ petition bearing No.4038/2011 with the submissions that the respondents were not allowing her to execute the fresh contract and no reason had been assigned for non-renewal of her contract although the benefit of renewal had indeed been granted to 42 other persons.
In the said writ petition, this Court, after examining the matter, found that there was no document on record to show if any representation had been filed by the petitioner. The petition was disposed of with liberty to the petitioner to file a representation for the purpose of renewal of contract and for raising all the grounds in the representation and while expecting from the respondent No.2 that the representation shall be decided within 15 days.
It appears that after the orders so passed by this Court in CWP No.4038/2011, the petitioner made a representation (Annex.5).
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SBCWP No.10661/2011 Smt. Meera Sharma Vs. State of Rajasthan & Ors.
From a perusal of the said representation it appears that the petitioner was aware of certain complaints against her but attempted to allege that the complaints were the outcome of political enmity. No such person who is inimical to the petitioner has been named nor made a party in this writ petition. The Collector concerned did not find the representation worth acceptance and the renewal of the contract of the petitioner was found not to be in the interest of the State.
The representation having been considered and renewal having been found against the interest of the State, this Court finds no reason to entertain this writ petition on the submissions sought to be made by the petitioner. In the given set of facts and circumstances, no case for issuance of any writ, order or direction is made out if the respondents have not extended the contract of the petitioner and have appointed the respondent No.6 on contractual basis.
The petition stands dismissed summarily.
[DINESH MAHESHWARI], J.
cpgoyal/-
1 issue framed by the court
Whether a writ petition can be entertained for renewal of a contract when the respondent found the representation not worth acceptance and renewal against the interest of the State.
Smt. Meera Sharma
State of Rajasthan
DINESH MAHESHWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
