f^ v^ SINGLE BEi\ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S.l. N0. <^2^1 /2011 PETITIONER: RESPONDENTS: •'.>• ^i^- .^<%^'" ^-^' "si ICiran Jaiswal, wife of Heera Singh, aged about 26 years, R/o. Village Khaira, Post Odgi, Tahsil Odgi, District Surguja (C.G.) VERSUS 1. State of Chhattisgarh, Through : The Secretary, Department of Panchayat and Rural Development, D.K.S. Bhawan Raipur [C.G.] 2. Collector, District Surguja [C.G.] 3. Chief Executive Officer, Zila Panchayat, Surguja (C.G.), e^ 4. Chief Executive Officer, Janpad Panchayat Odgi, District Surguja (C.G.), WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER As mentioned in the cause title above. 2. PARTICULARS OF THE RESPONDENTS As mentioned in the cause title above 3. PARTICULARS OF THE ORDER AGAINST WHICH PETITION IS MADE. G /'^ "^ ' 1 HIOHCCajKrJOFCHHAmSGARHATBILASPUR WRIT PETmON (S) No. 721 of2011 PETmONER : KiranJaiswal. VERSU8 RESPONDENTS : State ofChhattisgarh & Otfaers. WRIT PETmON UNDER AR'HC1£226 OF THE CONSTmmON OF INDIA 8B: Hon'Ue Shri Satish K. AenUwtri, J. Present: Shri J.P.Shukla, Advoeate for the petitioner. Shri N.N.Roy, Panel Lawyer for the State/respondent No. 1&2. ORDERfORAL) (Passed on 07tB day ofFebroary, 2011) 1. By this petition, the petitioner seeks a directi(m to the reqwndent authorities to reinstate the petitioner on the post of Employment Assistant, with back-wages. 2. Leamed counsel appearing for the petitioner subnrits that initfaUy, the petitioner was appointed on the post ofEmploymeirt Assistant by order dated 28.12.2006 on contract basis for a period of one year. Subsequautly, her services has been temunated vide orda- dated 28.6.2010 (Annexure P/2). Being aggrieved, die jpetitioner made a representation to the respondent authorities but nothmg has happened till date. Shri Shukla fiirther submits that the actiai of the respondent aufliwities by temiinating the service of the petitioner is arbitrary and illegal. The petitioner was not afforded any opportunity ofhearing before passing ofthe tennination order. 3. According to leamed counsel appearing for tte State/respondent No. I and 2, the term of contract appomtment ofthe petitioner was only for a period of one year. Thereafter, the services ofthe petiticaer was never extended. 4. On perusal ofthe order dated 28.12.2(X^ (Amiextn-e P/l), it is evident tiiat the appointment of the petitioner was purely on contract basis for a paiod ofone year. However, tiie petitioner has contmued in service for more tfian 3% years, till passing ofdie 'i)k 'LY :/- impugned tennination order i.e. 28.06.2010. The petitioner has also not produced any record to mdicate that the tenn of her appointment was ever extended after completion ofone year &om the date ofher initial appointment i.e. 28.12.2006. 5. As per clause 7 of the appointmeut ordar dated 28.12.2006 (Aimexure P/l), it is evident that the confidential report would be mamtained and according to performance offhe caadidate, he shall be considered for appointment an contract basis for the next year. In the impugned termmation order dated 28.6.2010 (Amiexure VII), it is apparent that the petitioner's service has beea temunated on account ofher absence and negligence towards his duties. 6. It is a trite law that a contract appointee cannot claim regularization, continuance or reinstatement in service on the basis of appointment, which was temporary for a fixed period asd also not in aceordance with law and the same was de hors the constitutional scheme of employment. (See Secretewy, State of Kamataka and Others vs. Umadevi (3) and Other^, Indsan Drugs & Pharmaceuticals Ltd. v. Warkmen, Indian Drugs <& Pharmciceuticals Ltd. , Offlcial Liquidator v. Dayanand and others and State of Punjab emd Others v. Surj'it Singh cmd Otkers"). 7. Applying the well settled principles oflaw to the facts ofthe case on haad, the petftion deserves to be and is aecordingly dimussed. 8. No order asto costs. ^~~ Sd/- Satish K. Agnihotri Judge ' (2006) 4 SCC 1 2 (2007) 1 SCC 408 3,(2008)10SCC1 4 (2009)98cc 514 li.iiaiSE'sa