1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.10.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11646 of 2011 and M.P(MD)No.1 of 2011 K.Sivasamy, Ex.Accounts Assistant, District Programme Management Unit, O/o.Deputy Director of Health Services, Bungalow Street, Kovilpatti, Thoothukudi District. .. Petitioner vs. 1.The Special Commissioner and Commissioner for MCH & Welfare & Mission Director, State Health Society and Project Director, Reproductive Child Health Project, 359, Anna Salai, DMS Complex, Chennai- 600 006. 2.The Joint Director of Health Services, O/o.The Joint Director of Health Services, 166, North Beach Road, Thoothukudi-1. 3.The District Collector, Thoothukudi District, Thoothukudi. 4.The Member Secretary, District Health Society, Thoothukudi & Deputy Director of Health Services, Thoothukudi. 5.The Deputy Director of Health Services, O/o.The Deputy Director of Health Services, Thoothukudi. 6.The Deputy Director of Health Services, O/o.The Deputy Director of Health Services, Kovilpatti, Thoothukudi District. .. Respondents https://hcservices.ecourts.gov.in/hcservices/ 2 PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the fourth respondent in connection with the impugned order of rejection passed by her in her proceedings in R.No.7254/A1/2007, dated 25.07.2011 and quash the same as illegal and arbitrary and consequently direct the fourth respondent to reappoint the petitioner by renewing the contract in the post of Accounts Assistant within the time limit that may be stipulated by this Court. For Petitioner :Mr.G.Thalaimutharasu For Respondents:Mr.T.R.Janarthanam, Additional Govt. Pleader ORDER The petitioner K.Sivasamy has taken up this Writ Petition under Article 226 of the Constitution of India to challenge the soundness of the order passed by the fourth respondent in her proceedings in R.No.7254/A1/2007, dated 25.07.2011 to quash the same as illegal and arbitrary, with a consequential direction to the fourth respondent to reappoint the petitioner by renewing the contract in the post of Accounts Assistant, within a stipulated period. 2. The brief facts of the case are as follows: The petitioner was selected to the post of Accounts Assistant and thereafter, appointment order was made by the fifth respondent - Deputy Director of Health Services, Thoothukudi on 14.01.2008 and as per the order of appointment, the petitioner was appointed temporarily on contract basis for a period of eleven months. In the said appointment order, the duties and responsibilities of the petitioner was mentioned. Subsequently, the his appointment was renewed twice i.e., on 31.12.2008 and 03.12.2009 for a period of eleven months respectively. Such periods also came to an end on 03.11.2010. While so, the petitioner was relieved from the office of the fifth respondent to join in the office of the sixth respondent by way of a transfer order passed by the fifth respondent on 17.05.2010. Aggrieved by the said order, the petitioner has challenged the validity of the transfer order by filing a Writ Petition in W.P(MD) No.7233 of 2010 and the same is pending for consideration. In view of the above, the respondents have not come forward to extend the contract period of eleven months. 3. The grievance of the petitioner is that the petitioner was appointed through employment exchange and after renewing the eleven months contract period for two times, the fifth and sixth respondents cannot arbitrarily refuse to extend the period of contract. 4. Therefore, the learned counsel appearing for the petitioner would submit that the impugned order passed by the fourth respondent https://hcservices.ecourts.gov.in/hcservices/ 3 declining to renew the contract period from 03.11.2010, is liable to be set aside and consequently he prayed for issuance of a direction to renew the contract in the post of Accounts Assistant. 5. Opposing the said prayer, the learned Additional Government Pleader appearing for the respondents submitted that the petitioner was appointed temporarily on contract basis for a period of eleven months and after expiry of the first eleven months period, the same was renewed on two occasions i.e., on 31.12.2008 and 03.11.2010 for a period of eleven months respectively and after that renewal when he was transferred, the petitioner has challenged the correctness of the transfer order by filing a Writ Petition by challenging the said transfer order by making serious allegations showing his unwillingness to work in the transfer place. Therefore, having seen the disinclination and unwillingness to work in the place where he has been transferred and the order of appointment is being contractual in nature, the fourth respondent cannot be compelled to re-appoint the petitioner by renewing the contract period in the post of Accounts Assistant. Therefore, he prayed for dismissal of this Writ Petition. 6. Heard learned counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. 7. The petitioner was appointed to the post of Accounts Assistant by the fifth respondent on 14.01.2008 and he has joined the duty on 28.01.2008. In the appointment order, it has been specifically mentioned that the appointment of the petitioner is temporary and on contract basis for a period of eleven months only. Besides, the duties and responsibilities of the petitioner were also mentioned therein. However, on completion of the said contract period of eleven months, twice the fifth respondent has renewed the appointment of the petitioner on contract i.e., on 31.12.2008 and 03.12.2009 for a period of eleven months respectively. When the petitioner was serving during that time, he was relieved from the office of the fifth respondent with the instruction to join in the office of the sixth respondent by an order of transfer. Though, the petitioner joined the transferred place on 18.05.2010, he has challenged the order of transfer finding fault with his transfer and thereby shown his unwillingness to work in the transferred place. When the order of appointment clearly says that the appointment of the petitioner as Accounts Officer is purely on contract basis for a period of eleven months only and the said appointment is liable to be terminated by the appointing committee and when the appointing committee has chosen not to renew his appointment for further period, this Court taking note of the nature of appointment being contractual in nature, cannot direct the respondents to renew the contract period beyond 03.11.2010, particularly, when he refused to accept the appointment by transfer. https://hcservices.ecourts.gov.in/hcservices/ 4 8. Accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Special Commissioner and Commissioner for MCH & Welfare & Mission Director, State Health Society and Project Director, Reproductive Child Health Project, 359, Anna Salai, DMS Complex, Chennai- 600 006. 2.The Joint Director of Health Services, O/o.The Joint Director of Health Services, 166, North Beach Road, Thoothukudi-1. 3.The District Collector, Thoothukudi District, Thoothukudi. 4.The Member Secretary, District Health Society, Thoothukudi & Deputy Director of Health Services, Thoothukudi. 5.The Deputy Director of Health Services, O/o.The Deputy Director of Health Services, Thoothukudi. 6.The Deputy Director of Health Services, O/o.The Deputy Director of Health Services, Kovilpatti, Thoothukudi District. W.P.(MD)No.11646 of 2011 12.10.2011 PM SMA/28.11.2011/7C/4P https://hcservices.ecourts.gov.in/hcservices/