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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
MINESHKUMAR MANHARLAL THAKKAR & others - Appellant
Versus
STATE OF GUJARAT & others - Respondent
SPECIAL CIVIL APPLICATION NO. 9268 of 2017
Decided On : 23-06-2021
Constitution of India,1950 - Article 226 - Terminating the contractual service of the petitioner except for any disciplinary - Order or direction directing the respondent authorities to make applicable the CAV Common - Contractual employees employed as per the requirements of Government Resolution - Respondent no.1 Panchayat, Rural Housing and Rural Development department of State of Gujarat came out with a resolution stipulating that all contractual employments on the establishment of National Rural employment Guarantee Scheme should be terminated on expiry of contractual period and that all the posts in establishment should be filled in by way of fresh recruitment on the basis of the revised qualifications and experience as prescribed in annexures thereto on contract basis on terms and conditions stipulated - Rural Development office directed that services of all those contractual employees employed as per requirements of Government Resolution fulfilled the qualification and experience requirements as specified in Government Resolution and whose rating of annual overall assessment of performance was above 50% may be terminated on the expiry of their contract and they may be taken back in service on fresh appointment basis by obtaining an application from them on contract basis for 11 months under Government Resolution –
Finding of the Court:
Central Government under Rule 22 and State Government is fastened with the liability with the cost of unemployed allowances payable under the scheme and only 1/4th of the material cost of the scheme including payment of wages to skilled and semiskilled workers subject to provisions of Schedule II find no substance in the challenge to the order impugned passed by learned Single Judge in this appeal filed by State of Gujarat and in absence of merit it is dismissed - Prayer of petitioners to regularize their contractual services and make them permanent on the establishment is rejected - Limited immunity that is made available to the petitioners is by allowing them to continue on their contractual employment and not to be replaced by other set of contractual employees on adhocism - Petitioners shall be continued in the existing cadre as long as the said Scheme continues, but purely on contractual basis and such employment shall be coterminus with the scheme, subject to evaluation of their performance, service and disciplinary rules as may be made applicable to them - Respondent State shall insist on periodical upgradation of knowledge, improvisation of technical skill and overall preparedness on the subject, so also on computerization - Prayer of the petitioner to regularize their contractual services and make him permanent on the establishment is rejected. Limited immunity that is made available to petitioner is by allowing him to continue on his contractual employment and not to be replaced by other set of contractual employees on adhocism - Petitioner shall be continued in the existing cadre as long as the said Scheme continues, but purely on contractual basis and such employment shall be coterminus with the scheme, subject to evaluation of his performance, service and disciplinary rules as may be made applicable to him –
Result: Petition stands disposed of
JUDGMENT :
1. Heard learned advocate Ms. Aditi S. Raol for the petitioner and learned Assistant Government Pleader Mr. K.M. Antani for the respondent-State through video conference.
2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :
(B) Your Lordships may be pleased to pass cease and desist order prohibiting the respondent authorities from terminating the contractual service of the petitioner till the scheme continues;
(C) Pending admission and final hearing of the present petition, Your Lordships may be pleased to restrain the respondent authorities from terminating the contractual service of the petitioner except for any disciplinary reason; and
(D) Your Lordships may be please to pass any other and/or further order, as deemed fit, in the interest of justice.”
3. Brief facts of the case are that the petitioner was qualified for being appointed to the post of Technical Assistant under National Rural Employment Guarantee Scheme. The petitioner was appointed to the post of Technical Assistant by order dated 3.9.2009 by the Director, District Rural Development Agency, District Anand on contract basis on a fixed monthly pay of Rs. 10,000/- without any other allowances initially for a period of 11 months which was renewed from time to time with an artificial break.
4. The Scheme under the National Rural Employment Guarantee Act, 2005 is now known as Mahatma Gandhi National Rural employment Guarantee Scheme.
5. Respondent no.1 Panchayat, Rural Housing and Rural Development department of State of Gujarat came out with a resolution stipulating that all the contractual employments on the establishment of Mahatma Gandhi National Rural employment Guarantee Scheme should be terminated on the expiry of contractual period on 28.2.2014 and that all the posts in the establishment should be filled in by way of fresh recruitment on the basis of the revised qualifications and experience as prescribed in the annexures thereto on contract basis on the terms and conditions stipulated therein.
6. It appears that thereafter by circular letter dated 29.1.2014 addressed to all the District Programme Coordinators, District Development officers and District Panchayats, the Commissioner, Rural Development office directed that services of all those contractual employees employed as per the requirements of Government Resolution dated 15.09.2010 who fulfilled the qualification and experience requirements as specified in Government Resolution dated 23.12.2013 and whose rating of annual overall assessment of performance was above 50% may be terminated on the expiry of their contract on 28.2.2014 and they may be taken back in service on fresh appointment basis by obtaining an application from them on contract basis for 11 months under Government Resolution dated 23.12.2013.
7. By Government Resolution dated 14.8.2014 respondent no.1 prescribed the detailed recruitment programme for all the posts in the establishment at State, District, Taluka and village Panchayat levels that were sanctioned for the period from 01.03.2014 to 28.02.2017 as per Government Resolution dated 23.12.2013.
8. As the recruitment under Government Resolution dated 23.12.2013 could not be undertaken by the State Government, by Government Resolution dated 28.8.2014, the contractual term of the petitioner was extended till 31.03.2015 or till the new appointments are made to the posts whichever is earlier.
9. The respondent authorities published advertisement on 28.8.2014 inviting on-line applications for the posts specified therein. By circular letter dated 1.9.2014, Commission
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