Dismissed

Kamlesh Kumhar D/O Shri Duli Chand v. State of Rajasthan

Rajasthan HC5 May 2022SAW/545/2022

Case brief

AI extract

What is this about?

Appellant, a contractual employee, challenged her termination as arbitrary due to reduced workload and financial strains. The High Court held that contractual employment is discontinuous and commutable, rejecting the argument that regular recruitment must precede termination. The appeal was dismissed, but re-employment consideration was left open.

What did the court decide?

Nothing new granted; appeal dismissed. Re-appointment consideration to be given preferentially if future engagement arises.

Kamlesh Kumhar D/O Shri Duli Chand Vs State of… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Special Appeal (Writ) No. 545/2022

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S. B. Civil Writ Petition No. 4535/2022

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Kamlesh Kumhar D/o Shri Duli Chand, aged about 35 years, Resident of Prathmik Svasty Kendra Vala Mohalla, Raithal, Baran (Raj.)

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----Appellant

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Versus

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State of Rajasthan, through Secretary, Medical and Health (Group-2) Department, Secretariat, Jaipur.

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Chief Medical And Health Officer, Baran (Raj.)

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Medical Officer In-Charge, Community Health Centre, Anta Road, Seeshwali, District - Baran (Raj.)

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----Respondents

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For Appellant : Mr. Manish Kumar Sharma Advocate.

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HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

Order

05/05/2022

Heard.

The order passed by the learned Single Judge is assailed on the ground that the termination of the writ-appellant is arbitrary inasmuch as merely because there is some financial difficulty or work is reduced, services of the appellant could not be terminated until regular recruitment is made.

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The ground on which the order of termination is under challenge is not tenable in law.

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(2 of 2)

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[SAW-545/2022]

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The appellant, admittedly, is a contractual employee. He has no right to hold the post. Termination order shows that for more than one reason, the contractual employment has been discontinued. A contractual employee cannot claim continuance as a matter of right. His discontinuance on the post is dependent upon many factors. In the present case, on facts, as is reflected from order dated 03.02.2022 (Annexure-7 attached with the writ petition), not only work load is reduced, but there are financial strains also. These two reasons, in our view, are sufficient to justify the action even on the anvil of Article 14 of the Constitution of India. It is not the case of the appellant that he has been terminated and substituted by another set of contractual employee. Therefore, no exception can be taken to the order of termination and the order which has been passed by the learned Single Judge.

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However, in case the respondents find that there is need for contractual engagement again in view of subsequent events, appellant’s claim for contractual appointment shall be considered on preferential basis taking into consideration that he had continued and worked for long period.

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Appeal is, accordingly, dismissed.

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(SAMEER JAIN),J

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(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

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MANOJ NARWANI /20

Kamlesh Kumhar D/O Shri Duli Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamlesh Kumhar D/O Shri Duli Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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