{ 1 } IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T D.B. CIVIL SPL. APPEAL (WRIT) NO.707/2010 RAM SWAROOP VS. STATE OF RAJASTHAN & ORS. Date of Judgment : 22.11.2010 PRESENT HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE C.M. TOTLA Mr. Awar Dan, for the appellant. BY THE COURT: (PER HON'BLE A.M. SAPRE, J) This is an intra court appeal filed by the writ petitioner of W.P.No.9137 of 2010 under Rule 134 of Rajasthan High court Rules against an order dt. 06.10.2010 passed by Single Judge in aforementioned writ petition. 2. By the impugned order, the learned Single Judge dismissed the appellant's writ petition filed for seeking certain directions. 3. So the question that arises for consideration in this intra court appeal is whether learned Single Judge was justified in dismissing the writ petition of the appellant ? { 2 } 4. Having heard the learned counsel for the appellant at length and on perusal of the record of the case, we are inclined to concur with the view expressed by Single Judge. 5. In short the case of the appellant (writ petitioner) before the writ court out of which this writ appeal arises was that his termination from the state service was bad. 6. The learned Single Judge by his well reasoned order went in to all the aspects of the case and eventually concluded that the appointment of the appellant in the state services was essentially in the nature of contractual one and being contractual, it could be brought to an end by efflux of time. It was accordingly held that such appointment does not attract the provisions of Article 311 of the Constitution of India nor it can be held to be a substantive appointment creating any kind of right in favour of appellant enabling him to question his ouster from the service. It was also held that the termination is neither by way of punishment nor it can be termed as being arbitrary. The learned Single Judge took into consideration the law laid down by Supreme Court on this issue reported in the case of State of Haryana vs. Piara Singh and other (1992) 4 SCC 118 and Devendra Kumar vs State of Rjasthan 2009 WLC (Raj) UC 498 and recorded a categorical finding against the appellant. It is against this judgment; the writ petitioner felt aggrieved and has filed this intra court appeal. 7. In our considered opinion, we are unable to find any fault in the impugned order of learned Single Judge. As { 3 } observed supra, the learned Single Judge rightly on the basis of law laid down on the issue in question concluded that appellant's appointment being contractual in nature, the same cannot be converted into a substantive appointment so as to entitle him to claim the benefit of Article 311 ibid. The learned Single Judge rightly held that the termination is neither arbitrary and nor it affects any statutory provision. 8. Since we are completely in agreement with the view taken by the learned Single Judge and hence we do not consider it necessary to burden our order by reiterating the same finding again. 9. Learned counsel for the appellant, however, contended that since after appellant’s ouster from service, other person was appointed in his place and hence the action on the part of State in terminating appellant’s service is bad in law. According to him, it becomes an arbitrary action and hence liable to be quashed. 10. We do not agree to this submission for more than one reason. Firstly, the appointment has come to an end by efflux of time. Secondly, once it is held to be a contractual appointment then on the expiry of its term, the State is free to appoint any one. Such action on the part of State cannot be termed as an arbitrary one. In such case, it is the sole prerogative of the State to appoint any person or may not appoint. In any case, such action cannot be described as arbitrary for quashing the termination order of the appellant. It is for all these reasons; we reject this submission as being { 4 } without any substance. 10. In view of forgoing discussion, the appeal is found to be devoid of any merit .it is accordingly dismissed in limini. ( C.M. TOTLA),J. ( A. M. SAPRE ),J. /Anil/