A convicted person cannot rejoin his previous temporary job merely upon suspension of his sentence: Rajasthan High Court

 on 10 02 2022 at 02:39:13 PM HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPURS.B. Civil Writ Petition No. 1908 2022Tikendra S o Shri Om Prakash Aged About 36 Years R oKauthawas Mohalla Pisangan Police Station Pisangan DistrictAjmer. PetitionerVersus1. State Of Rajasthan Through Principal Secretary Department Of Medical And Health Govt. Of Rajasthan Govt. Secretariat Jaipur.2. Director Medical And Health Swasthya Bhawan TilakMarg C Scheme Jaipur.3. Chief Medical And Health Officer Ajmer Rajasthan.4. Block Chief Medical Officer Pisangan Ajmer.5. Senior Medical Officer In Charge Community HealthCenter Pisangan Ajmer. RespondentsFor Petitioner(s) : Mr. Ramdhan Choudhary through VCFor Respondent(s): HON BLE MR. JUSTICE MAHENDAR KUMAR GOYALOrder07 02 2022This writ petition has been preferred assailing the legalityand validity of the orderdated 06.01.2022 containing aninformation that as on date the post of temporary Helper in DrugDistribution CentreCommunity Health Centre Pisangan Ajmer is not vacant. The facts in brief as emerge in the writ petition are that inpursuance of advertisement dated 27.09.2011 inviting applicationsfor appointment on the post of Pharmacist and Helper ontemporary contract basis the petitioner was appointed as Helperin the office of Chief Medical Officer Government SatelliteHospital Ajmer. On an earlier occasion when the petitioner felt[CW 1908 2022]threat to his service he preferred a Writ Petition No.8975 2014wherein a Coordinate Bench of this Court vide its order dated17.09.2015 directed the respondents to continue the petitionertill continuation of the scheme subject to number of sanctionedpost of employees in order of the date of engagement. Thereafter the petitioner was convicted by the Court of learned AdditionalSessions JudgeAjmer in Sessions CaseNo.78 2016vide its judgment dated23.10.2021 under Sections 498 A 304 B & 406 IPC and Section3 4 of the Dowry Prohibition Act 1961and was sentenced to maximum term of seven years. Thesentence has been suspended by this court vide its order dated17.12.2021 in SB Criminal Appeal No.1748 2021. Thereafter thepetitioner applied with the respondents to permit him to rejoin onthe post of Helper whereupon the Senior Medical Officer In charge Community Health Centre Pisangan has vide its letterdated 06.01.2022 impugned in the writ petition apprised theBlock Chief Medical Officer Pisangan that on account of pendencyof criminal case his services were terminated vide order dated12.09.2016 and vide order dated 14.10.2016 another person wasappointed against the vacant temporary post of Helper and as ondate there was no vacancy of Helper. Learned counsel for the petitioner contended that he isentitled for reinstatement rejoin on account of suspension of thesentence awarded to him by the learned trial Court vide itsjudgment dated 23.10.2021. He submitted that the petitioner hasalmost five years experience on the post of Helper and hence thewrit petition be allowed and the respondents may be directed topermit him to rejoin on the post of Helper. [CW 1908 2022]Heard and considered. Indisputably the petitioner was appointed as Helper onpurely contractual basis and his services have been terminatedvide order dated 12.09.2016 which has not been challenged byhim. A perusal of the letter dated 06.01.2022 reveals that in hisplace one Shri Mahendra Kumar Prajapat has already beenappointed on contract basis vide order dated 14.10.2016 who isstill working and no post of Helper is vacant in the office. In viewthereof the petitioner is not entitled for reinstatement rejoiningon a temporary post on which he was appointed on purelycontractual basis which as a matter of fact is not vacant also ason date. Learned counsel for the petitioner could not satisfy thisCourt as to his legal right to rejoin reinstatement. Even otherwisealso the petitioner stands convicted under Sections 498 A 304 B& 406 IPC and Section 3 4 of the Act of 1961 and vide order dated17.12.2021 this Court has stayed sentence only but the order ofconviction involving moral turpitude still stands and hence he hasno right to rejoin. There is another aspect of the matter. The letter dated06.01.2022 simply informs the Block Chief Medical Officer as tounavailability of vacancy on the post of temporary Helper in theoffice which cannot be said to be in violation of any of the rights ofthe petitioner in absence of his claim as to the information beingfalse. In view thereof this writ petition is devoid of merit and isdismissed accordingly.JManish 94 

Summary: A convicted person has no right to ask for his reinstatement at his previous temporary job merely because his sentence was suspended by the Court is upheld by the Jaipur Bench of Rajasthan High Court through a single judge bench of Hon’ble Mr. Justice Mahendar Kumar Goyal in the case of Tikendra v. State of Rajasthan and Others (Civil Writ Petition No. 1908/2022). The brief facts of the case are that the petitioner filled this writ petition for reinstatement of his previous job. The petitioner was a helper in the office of Chief Medical Officer, Government Satellite Hospital, Ajmer appointed on temporary contract basis. Thereafter, the petitioner was convicted by the Court of learned Additional Sessions Judge (Women Atrocities Cases), Ajmer under Sections 498-A (Cruelty to women), 304-B (Dowry Death) and 406 IPC (criminal breach of trust) and was sentenced to maximum term of seven years. The sentence has been suspended by the Rajasthan High Court. Thereafter, the petitioner applied with the respondents to permit him to rejoin on the post of Helper whereupon he was told that on account of pendency of criminal case his services were terminated and another person was appointed against the vacant temporary post of Helper and as on date there was no vacancy of Helper. Learned counsel for the petitioner contended that he is entitled for reinstatement on account of suspension of the sentence awarded to him by the learned trial Court. He submitted that the petitioner has almost five years experience on the post of Helper and hence, the writ petition be allowed and the respondents may be directed to permit him to rejoin on the post of Helper. The High Court observed that the petitioner was appointed as Helper on purely contractual basis and his services have been terminated on12.09.2016 which has not been challenged by him. Furthermore, another person was appointed by the Hospital who is still working and no post of Helper is vacant in the office. In view thereof, the petitioner is not entitled for reinstatement/rejoining on a temporary post on which he was appointed on purely contractual basis which, as a matter of fact, is not vacant also as on date. Learned counsel for the petitioner could not satisfy this Court as to his legal right to rejoin/reinstatement. The Court also held that even otherwise also the Court has stayed his sentence only; but, “the order of conviction involving moral turpitude still stands and hence, he has no right to rejoin”.