The court emphasized the need for cause notice and due procedure of law before discontinuing the services of a contractual employee.

JUDGMENT

Ashok Kumar Gaur, J. - The instant petition has been filed by the petitioner with the following prayers:-

"a) declare the order dated 31.08.2019 (Annex. 14) passed by respondent No. 2, illegal, arbitrary and unjust and same may kindly be quashed and set aside

b) the respondents may kindly be directed to continue the service of the petitioner pursuant to the order dated 12/02/2019 (Annex. 9);

c) the respondents may kindly be directed to pay the due unpaid salary for the period from 14/02/2019 to 31/08/2019 as well as regular salary to the petitioner for the period he was remained out of service due to the termination order dated 31.02.2019 (Annex. 14);

d) the respondent University may kindly be directed to conduct enquiry against the respondent No. 4 to take strict action against her;"

2. The petitioner in this petition has pleaded that he was appointed as Assistant Professor in the year 1989 in the Agriculture University, Bikaner and after attaining the age of superannuation, he retired from the post of Professor (Statistics) in ICAR-AICRP on Pearl Millet, Jodhpur on 30.12.2017.

3. The petitioner has pleaded that due to work requirement of Statistician in Project Unit of ICAR-AICRP on Pearl Millet, Jodhpur, the Project Co-ordinator had requested the Vice-Chancellor of Agriculture University to continue petitioner's services after his superannuation.

4. The petitioner has further pleaded that on account of such request being made by the Project Co-ordinator, the Registrar of the Agriculture University had requested the Deputy Secretary, Department of Agriculture, Government of Rajasthan and sought his permission to engage petitioner in service till regular recruitment was to be made.

5. The petitioner has pleaded that the Deputy Secretary, Department of Agriculture vide Communication dated 30.01.2018, permitted the respondent-University to engage the petitioner on service against the vacant post after his superannuation on contract basis, as per the terms and conditions prescribed in the Circular dated 11.07.2017 issued by the Department of Personnel.

6. The petitioner has pleaded that in the Circular dated 11.07.2017, it was specifically mentioned at Point No. 10 that the services of contractual employees would be terminated on breach of condition of contractual engagement or by giving 15 days' prior notice.

7. The petitioner has further pleaded that the respondent-University, after getting permission from the Department of Agriculture, appointed the petitioner on contract basis vide order dated 27.03.2018 for a term of one year from 14.02.2018 to 13.02.2019 on the vacant post of Assistant Professor (Statistics) on fixed pay of Rs. 47,600/- per month.

8. The petitioner has pleaded that he completed his one year assignment and rendered satisfactory service and accordingly, the Registrar of the respondent-Agriculture University requested by sending a letter dated 27.12.2018 to the Deputy Secretary, for reengaging the petitioner for a further period of one year.

9. The petitioner has pleaded that on receipt of such letter, the Deputy Secretary, Department of Agriculture vide its order dated 01.02.2019, again recommended to appoint the petitioner for a term of one year or till regularly selected candidate was made available, whichever was earlier, and Circular dated 11.07.2017 was to be followed.

10. The petitioner has further pleaded that by an order dated 12.02.2019, he was again given appointment for a term of one year w.e.f. 14.02.2019 to 13.02.2020 on a fixed remuneration of Rs. 47,600/- per month.

11. The petitioner has pleaded that in spite of his appointment till 13.02.2020, the respondent-University issued the impugned order on 31.08.2019, whereby the termination of services of the petitioner was given effect.

12. The petitioner has pleaded in the petition that respondent No. 4, who is the Project Co-ordinator had in fact written a letter on 14.01.2019 to the Vice Chancellor of the respondent-University informing that the petiti