A writ petition challenging the discontinuation of contractual services. The High Court held that no inquiry was required as the petitioner was a temporary contractor without an encumbrance post relationship, thus rejecting the petition.
The writ petition and stay petition were rejected as devoid of merit.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 16955/2019
Inderjeet S/o Tulchha Ram, Aged About 34 Years, Village Madasar Tehsil And District Jaisalmer. At Present Working As Gram Rojgar Sahayak, Gram Panchayat Madasar, Panchayat Samiti Jaisalmer District Jaisalmer.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Subhash Chandra Siyag For Respondent(s) : ----
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
19/11/2019
Heard.
Perused the material available on record.
The petitioner was engaged through a placement agency as a Gram Rozgar Sahayak, Gram Panchayat, Madasar purely on temporary contractual basis vide Annex.2 dated 19.05.2017. The appointment of the petitioner on contractual basis was effective for one year. However, it appears that the petitioner’s contractual
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[CW-16955/2019]
services were continued even after the said period of one year came to an end. The Principal of the Government Adarsh Senior Secondary School, Madasar sought a clarification from the Chief Block Education Officer, Panchayat Samiti, Jaisalmer by letter dated 12.07.2019 regarding the status of the petitioner because there was no order to continue him after 09.05.2019 whereafter the petitioner’s contractual services have been discontinued vide Communication (Annex.12) dated 24.10.2019, which is assailed in this writ petition.
I have heard and considered the submissions advanced by Shri Subhash Chandra Siyag and have gone through the impugned judgment and the other documents placed on record.
It is true that the order dated 24.10.2019 refers to certain misconduct of the petitioner but prima facie, I am satisfied that as the services of the petitioner were purely on temporary contractual basis procured through a placement agency and as he was not select against any encarded post in the State services, there was no requirement to hold any inquiry before discontinuing his services. The petitioner has no relationship of employee with the State Government. The placement agency has not been impleaded as a respondent in the writ petition.
Thus, I find no merit in this writ petition. Accordingly, the writ petition as well as the stay petition are rejected as being devoid of merit.
0(SANDEEP MEHTA),J
49-Mamta/-
1 issue framed by the court
Whether an inquiry was required before discontinuing the services of a contractor employed on a temporary contractual basis through a placement agency.
Inderjeet S/o Tulchha Ram
State Of Rajasthan
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
