IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CIVIL WRIT PETITION NO. 15214 OF 2006 DATE OF DECISION: February 06, 2008 Parties Name Jawahar Singh Dugar and others ..PETITIONERS VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Ms. Sangita Dhanda, Advocate, for the petitioners. Mr. Harish Rathee, Sr. DAG, Haryana, for the respondents. JASBIR SINGH, J. (oral) Order. CM No. 2159 of 2008 C.M. Application is allowed and document Annexure P-11 is taken on record. CWP No. 15214 of 2006 Vide order Annexure P-3 and similar other orders, the petitioners were taken in service as Staff Nurse (Male), on contract basis, for a period of 89 days. It was mentioned in the appointment letter that their services are temporary and can be terminated without assigning any reason. Subsequent thereto, by issuing separate orders like Annexures P-4 and P-5, the service period was further extended, every time, for 89 days. Admittedly, the last extension was upto October 26, 2006. About one month prior to the expiry of that period, their services were terminated vide order Annexure P-6 by stating that there is no provision in the rules for CIVIL WRIT PETITION NO. 15214 OF 2006 -2 appointment of the staff nurse (male). The petitioners came to this Court and on September 26, 2006, operation of order Annexure P-6 was stayed. They are continuing in service till today under orders, passed by this Court. Shri Rathee has specifically stated that after October 26, 2006, service period of the petitioners has not been extended further. In this writ petition, it is main grievance of the petitioners that on the basis of sex alone, they cannot be discriminated and their services cannot be terminated. Admittedly, during pendency of this writ petition, their service period has come to an end. Furthermore, it has been admitted before us that the State Government has advertised the posts of Staff Nurses and petitioners have applied for the same and their applications have been accepted under orders passed by this Court in CWP No. 19293 of 2007. If that is so, question raised in this writ petition remains only academic one. Appropriate orders will be passed in the writ petition, referred to above with regard to the eligibility of male candidates for their selection against the post of Staff Nurse(s). It is also apparent from the records that in order Annexure P-6, it has specifically been stated that there is no provision to employee Staff Nurse (Male) under the Rules. In this writ petition, no challenge has been laid to the rules. A Division Bench of this Court in CWP No. 387 of 2007 (Baldev Singh and others v. State of Haryana and others), decided on August 30, 2007, has specifically stated that the contract employees have no right what-so-ever and they cannot impose themselves on the employer. CIVIL WRIT PETITION NO. 15214 OF 2006 -3- Under similar circumstances, it was observed thus: “It is, thus, clear that the claim of the petitioners for quashing the condition of limiting the period of their appointment does not suffer from any illegality or irregularity which may warrant interference of this Court. In the Constitutional Bench judgment in Secretary, State of Karnataka & others vs. Umadevi & others, (2006) 4 SCC 1, the Hon'ble Supreme Court has allowed the State to engage employees on contract basis by taking into account the requirement of work. The petitioners can neither impose themselves upon the respondents nor they can be allowed to continue beyond the period for which they were engaged as Guest Faculty Teachers. The petitioners also cannot be allowed to continue till regular appointments are made, as Guest Faculty Teachers are appointed only to tide over the situations like death, retirement, resignation, promotion, etc.” In view of the facts, mentioned above, we are not inclined to interfere in this writ petition at the instance of the petitioners. Dismissed. ( Jasbir Singh ) Judge ( Jaswant Singh) February 06, 2008. Judge DKC