^ ^-•S~ S^ ^:.^"% I-HC—78 :"^;£?S^ " :.;r?"^i>>r^' i:. 'r~~i '^. '^ Ot^^ T5ET '<<WW*i, Vl^\W\<a, Rtrtl^y U)-0-CC>^ No.^8 M?/dg "W[. 200 sn^OT 'q'w ( an^rwR-ii'* 'cpiH Sff^T »t^|ch I^IRR ^ifro sii^i CM<<[<n<4li 'WRTf tf,^1^ <n»i<$i< ^stRwsn^T PETITIONER RESPONDENTS VERSUS 1. CONSTIt SB: HON'BLE SHRI DHIREttDRA MISHRA. J, 8-12-2008 Shri R.K. Kesharwani Sushri Sunita Jain, P Makhan Das Tonde, aged 38 years, son of Shri Tuli Ram Tonde, working^as Accountant, at 0/0 the District Programme Manager, Chhattisgarh Tribal Development Programme, D.P.I. Chopada Para, Ambikapur, Distt. Sarguja (CG) R/o Govt. Giris Education Compound, Q. No. H/7, Bisunpur, Ambikapur, Distt. Sarguja (CG) State of Chhattisgarh, through the Secretary, Department of Schedule Tribe and Schedule Caste Developraent, Mantralaya, D.K.S. Bhawan, Raipur 2. | Chhattisgarh Tribal Development Society, through The State Prograinme Director, A-21, Sector- 1, Gitanjali Nagar, Raipur (CG) Department of Woinen and Child Development, D.K.S. Bhawan, Raipur 3. | The District Programme Officer, Chhattisgarh Tribal Development Programme, District Programme Implementation Unit, Chopada Para, Ambikapur, District Sarguja (CG) WRIT PETITION UNDER ARTICLE 226 OF THE UTION OF INDIA Adv. for the petitioner. nal Lawyer, for the State. XtHG—78 an^I?5?ft;iW WiTSH^IWIR; 3'EST '<ii<(irt<|, yrfly'Ko, R|<?)l<iy ^ P.(^No.5'gt<7/<''8•B^ 200 an^T tR% (ij«<(-i«<g<T) i^iiw ^ifrosn^T -'2=- 2. The petitioner has filec[ the order dated 25-7-200( continue in the Project witlji order of Annexure P-1 , the been terminated with effect ft the instant petition for quashing of and allowing the petitioner to e^ consequential benefits as by the jpetitioner's contractual service has [•om31stJuly, 2008. 3. Learned counsel for petitioner was.appointed'on Development Society, Bilaj remuneration of Rs. 5,520, appointment order, after s( probation, his services were Contract was to be reneweill petitioner is satisfactoiy. Th< tirae to tiine for period of on|i the appointanent is tempor4i finally extended vide orde|r commencing from April, 200(8 was terminated vide impug^ed as contemplated in the Con^ition ofAnnexure P-2. 4. After hearing learned the documents annexed appointment of the petitione| to the respondents to <fti^I<n*iit *ii*i<rff '£f,fe[^<P>I^I< i?3ifiiiT3ii^r the petitioner submits that the |the post of Accountant in the Tribal tpur on a consolidated monthly '-. As per Condition No. 1 of the ^.iccessful completion of period of Ito be extended for next suc months. yearly, if the performance of the contract period was extended froin year with specific stipulation that |ry, terminable at any time. It was dated 21-4-2008 for a period to July, 2008. However, the same order without one month notice No. 1 of the appointment order ried 4ounsel for the parties, on perusal of wit}i the petition, it is evident that the was on contract basis. It was open termi^ate the services of the petitioner, in i-HC—78 3T^t?ffft;iR? '^8n 3fn^TlgTEH%' yl 3:5Sf '<ll<i|l<rt<<, ^lTfly'lfi, Rl<'il<1^< kl f C^)^o. 6g^7/o% "^ 200 31I^?T'qsB; (lic*t'j«<a) TCITW :af??f 3ii^i .-3- case, it is found unsatisfacl) could be renewed on yeaijly contract period mentions tl') at any time. 5. From perusal of the aj3p appointment was temporarj nature of employment is^exjj letter, in pursuance whereo^ clause in the appointment o\ extended for a period of one| finally extended vide order 31st July, 2008 and the saifie opinion that continuous temj cannot vest any legal right for continuance of the petif issued. 6. The petition being de dismissed and the same is d: cfti*i[<ti-iH'ri TiiIRff ^^st' <r<qt$i< ^'sfRm-sn^T ory, whereas the tenure of contract basis. Subsequent extension of at his services could be terminated japointment order, it is clear that his I? in nature on contract basis. The [licitly laid down in the appointment fy he joined his services. There is no j-der that tenure was to be invariably year. Since the contract period was jdated 21-4-2008 for a period upto has come to an end, I ain of the jporary appointinent of the petitioner ln him to continue and no direction Itioner s contractual service can be void of substance, deserves to be sraissed at admission stage itself. Sd/- Dhirendra Mishra Judge