IMPORTANT POINT
Contractual employees do not have a right to continuation of service beyond the term of their contract, as established by legal precedents.

JUDGMENT :

A.S. SUPEHIA, J.

1. Admit. Mr. Sahil Trivedi, learned AGP waives service of notice of admission for respondent No. 1 and Mr. Pradip J Patel, learned advocate waives service of notice of admission for respondent No. 2 in Letters Patent Appeal No. 852 of 2023. In Letters Patent Appeal No. 853 of 2023 Mr. Sahil Trivedi, learned AGP waives service of notice of admission for respondent No. 1 and Mr. T.R. Mishra, learned advocate waives notice of admission for respondent Nos. 2 to 25.

2. Both the appeals emanate from the oral judgment dated 06.12.2022 passed by the learned Single Judge in the captioned writ petition. Letters Patent Appeal No. 852 of 2023 has been filed by the original petitioners-employees, wherein the learned Single Judge has refused to grant backwages, whereas Letters Patent Appeal No. 853 of 2023 has been filed by the employer i.e. Chief District Health Officer challenging the order of the learned Single Judge, whereby directions are issued to the State Government to reinstate the employees.

3. At the outset, Mr.Pradip Patel, learned advocate appearing for the appellant – employer has submitted that the learned Single Judge has erred in issuing such directions since the judgments on which the reliance is placed while delivering the judgment will not apply in the case of the employees. He has submitted that the employees were appointed for a contractual basis in the year 2009 for 11 months and thereafter, their services were not extended and were ended on 28.02.2011. He has submitted that the employees assailed the order before this Court and out of 24 employees, only 09 have pursued the writ petition. It is submitted that during this period, in fact the appellant-employer undertook regular process for recruiting the Multipurpose Health Workers in the year 2011, 2014, 2015, 2016 and 2022 and some of the petitioners/employees participated in such recruitment process but could not be selected. Thus, it is urged that the issue is squarely covered by the order dated 23.04.2024 passed by the co-ordinate Bench in Letters Patent Appeal No. 1292 of 2023. Hence, it is urged that the order and directions issued by the learned Single Judge may be quashed and set aside.

4. Per contra, Mr. T.R. Mishra, learned advocate has submitted that all the employees - original petitioners were appointed for contractual period of 11 months. However, they are abruptly discontinued in the year 2011 without any reason. He has submitted that the issue is squarely covered by the judgments on which the reliance is placed by the learned Single Judge, while giving the ultimate directions of reinstating the employees-original petitioners. He has submitted that however, the learned Single Judge is in error in denying the backwages. Thus, the employees were constrained to file the captioned Letters Patent Appeal No. 852 of 2023. It is submitted that the original petitioners were discontinued without any reason and their contractual period ought to have been extended further and such an action is illegal and as held by various judgments of this Court, the employer cannot resort to replace the contractual employee by other contractual employees. He has submitted that the first judgment in this regard was delivered on 25th July, 2018 passed in Special Civil Application No. 12573 of 2011 and allied matters, which has been placed reliance by the learned Single Judge. Thus, it is urged that the judgment and order passed by the learned Single Judge may not be disturbed to the extent of reinstatement, however, appropriate directions may be issued to the employer to confer backwages from the date of termination till the reinstatement, if any.

5. Mr. Sahil Trivedi, learned AGP has also submitted that the case of the respondents- employees would not be covered by the various judgments of this Court well as Supreme Court since the respondents were employed for a fixed period of 11 months on fixed pay of Rs.2500/- during the year 2009 and thereafter their c