C.W.P. No. 18327 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 18327 of 2009 Date of decision: 30.11.2009 Rakesh Kumar and others ....Petitioners Versus Union of India and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Ms. Veena Kumari, Advocate, for the petitioners. ***** VINOD K. SHARMA, J (ORAL) This writ petition under Article 226 of the Constitution of India has been moved by the petitioner to challenge the order dated 30.10.2009 vide which the employment of the petitioners, who are infected with HIV/AIDS, have been terminated w.e.f. 30.11.2009. The petitioners were appointed as outreach workers in the category of persons suffering from HIV. After the interview, petitioners were appointed on contract basis as outreach workers at a consolidated salary of Rs.3,000/- (Rupees three thousand only) per month for a period of one year, which was extendable on the basis of performance. It was specifically mentioned in the letter of appointment, that the appointment was purely on contract basis, which could be terminated at any time without assigning any reason. Government of India, Ministry of Health and Family Welfare, Department of Health, National AIDS Control Organisation issued a C.W.P. No. 18327 of 2009 -2- letter dated 24.8.2009 calling upon the Project Director, All SACS and MACS to cancel all the contracts with NGOS under GFATM Round 2 and 3 latest by 30.11.2009. It is in pursuance to the decision taken by the Ministry of Health and Family Welfare, Department of Health, National AIDS Control Organisation, that a decision was taken by the State AIDS Control Society, Union Territory, Chandigarh, to terminate the services of the petitioners, as the position of outreach workers in ICTCs now is to be managed by new Principal Recipient (PR) i.e. Infrastructure, Leasing & Financial Services (IL & FS). Learned counsel for the petitioners vehemently contends, that the impugned order cannot be sustained, as it was not a case of normal contract, but an agreement with HIV infected persons, who have disclosed their identity to their detriment and are likely to suffer in future. Learned counsel for the petitioners also contends, that the impugned order deserves to be set aside, as the work is still in existence and the services of the petitioners are being terminated only by transferring the work some other agency. Appointment issued to the petitioners was on contract basis with a clear stipulation that the services of the petitioners could be terminated at any time. In the present case, no mala fide can be attributed, as the decision to transfer the ICTCs has been taken by the Ministry of Health and Family Welfare, Department of Health, National AIDS Control Organisation. The contention of the learned counsel for the petitioners, that C.W.P. No. 18327 of 2009 -3- there has been no mis-conduct on the part of the petitioners and, therefore, their services could not be terminated, cannot be sustained, as the services of the petitioners have not been terminated for any mis- conduct or for violation of any statutory rules or regulations, but as per the terms and conditions of the appointment, and for the reason that the very project, under which the petitioners have been working has been taken out of the control of the employer of the petitioners. The contention of the learned counsel for the petitioners, that because of the disclosure of the status of the petitioners, they are entitled to be compensated, is again mis-conceived. The disclosure of the status does not entitle the petitioners to claim any compensation. The impugned order has been passed as per terms of appointment of the petitioners, as no legal right of petitioners has been infringed, no interference is called for by this Court. No merit. Dismissed. (Vinod K. Sharma) Judge November 30, 2009 R.S.