The court dismissed a writ petition seeking reinstatement. It held that a contractual employee cannot claim a right to continue in service, and thus, no discretionary relief under Article 226 is available.
Petition dismissed; liberty granted to file a civil suit if termination violated contract terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
O R D E R
S.B. Civil Writ Petition No.3044/2015
Himmat Singh Vs. RIICO & Ors.
Date of Order : : 01-04-2015
HON’BLE MS.JUSTICE NIRMALJIT KAUR
Dr. Nupur Bhati, for the petitioner.
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Nirmaljit Kaur,J. (Oral):
The prayer in the present petition is for a direction to the respondents to set aside the oral termination stated to be of 12.3.2014 with a further prayer to reinstate the petitioner on the post of Computer Operator with Machine with all consequential benefits.
No appointment letter has been placed on record in order to enable this Court to come to a conclusion whether the said appointment was on contract, ad hoc, temporary or permanent and the terms and conditions of the said appointment and by which authority, he was appointed. However, from the vague averments made in the petition, it appears that the petitioner was appointed on contract basis as his quotation was found to be lowest at Rs.4200/-. Subsequently, he was engaged through placement agency with the respondents as computer operator.
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Thus, in all probability, the petitioner was appointed on contract basis. A contractual employee cannot claim as a matter of right to continue for all times to come. Hence, no discretionary relief can be granted under Article 226 of the Constitution.
In view of the above, the writ petition is dismissed. However, in case, the said termination is in violation of the terms and conditions of the contract, if any, the petitioner is at liberty to avail the alternative remedy of civil suit.
(NIRMALJIT KAUR), J.
praveen
2 issues framed by the court
Whether a contractual employee can claim as a matter of right to continue in service and be reinstated after termination.
Whether discretionary relief can be granted under Article 226 for reinstatement of a contractual employee.
1 provisions across 1 enactments
Himmat Singh
RIICO & Ors.
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
