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2022 Supreme(Raj) 2326

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Kuldeep Mathur, J.
Prakash Kanwar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Civil Writ Petition No. 17055/2017
Decided On : 23-09-2022

Advocates appeared:
Mr. Om Singh Chouhan, Advocate., for the Petitioner

Contractual employees do not have a right to protection when a project or scheme comes to an end.

Headnote:

Mission Poorna Shakti - Employment Contract - National Mission for Empowerment of Women, District Pali - 2011-12, 27.11.2017 - The court discussed the termination of the petitioner's services under the Mission Poorna Shakti project and the legal principles related to the protection of contractual employees when a project comes to an end.

Fact of the Case:

The petitioner was employed under the Mission Poorna Shakti project, which was discontinued by the Central Government. The petitioner sought to challenge the termination of her services.

Finding of the Court:

The court found that the petitioner's employment was co-terminus with the project, and as per established legal principles, the rights of contractual employees cannot be protected when the project comes to an end.

Issues: The main issue was whether the termination of the petitioner's services under the Mission Poorna Shakti project was justified.

Ratio Decidendi: The court relied on previous judgments and legal principles stating that contractual employees do not have a right to protection when a project or scheme comes to an end.

Final Decision: The court dismissed the writ petition but directed the State to consider the petitioner's skills and experience for any similar work under a similar scheme or project in the future and to provide payment for the period the petitioner had worked in the project.

JUDGMENT

1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:

"1. That the impugned order dated 27.11.2017 may kindly be declared illegal and quashed with all consequential benefits.

2. That the respondents may further be directed to pay regular pay scale of the post of LDC to the petitioner w.e.f. her initial date of appointment with all consequential benefits or in the alternative they may be directed to make payment of at least minimum wages or pay scales of the cadre of class III to the petitioner with all consequential benefits.

3. Any other order or direction, which this Hon'ble Court deemed just and proper be passed in favour of the petitioner."

2. Brief facts of this case, as noticed by this Court, are that the Central Government, with the help of the State Government and with the object to uplift the socio and economic empowerment of women, commenced National Mission for Empowerment of Women in the Financial Year 2011-12. The object of the said Scheme was to bring convergence in the efforts through inter-sectoral co- ordination amongst different Ministries and programmes with the Ministry of Women and Child Development (MWCD) as a nodal agency for achieving holistic empowerment of women. The principal object and aim of the Central Government, while executing such collaboration with the State, was to achieve holistic empowerment through convergence of Schemes/Programmes of different Ministries/Departments of the Government of India as well as the State Government. The initiatives included Beti Bachao Beti Padhao (BBBP Scheme), one stop centers, women helpline etc.

3. The respondents, thus, introduced 'Mission Poorna Shakti' in Pali District through National Mission for Empowerment for Women, District Pali-Marwar. The purpose of Poorna Shakti Kendra was to provide services to women at grass-root levels through the village coordinators reaching out to the rural women.

4. The respondents issued advertisements on 28.12.2011 and 20.06.2012, inviting applications for appointment of Women Village Coordinators in 150 Gram Panchayats of Pali District. The petitioner applied pursuant to the said advertisement, and was thereafter, selected for being appointed as Women Village Coordinator on the basis of her merit. The petitioner continued to work on fixed wages of Rs.4,000/- per month for a fixed term, and her work was extended from time to time by the respondents without any interruption. The bond for continuance of such work was executed periodically. The services of the petitioner were satisfactory and there is no dispute in regard thereto by the respondents.

5. The respondents, however, passed an order on 27.11.2017, whereby a decision was taken to dispense with the services of the petitioner. The sole ground taken by the respondents for dispensing with the services of the petitioner was the decision taken by the Central Government to discontinue the Mission Poorna Shakti run through National Mission for Empowerment of Women District Pali.

6. Learned counsel for the petitioner has submitted that the decision to bring an end the Scheme i.e. Mission Poorna Shakti run through National Mission for Empowerment of Women District Pali, was without justification, as the project was not actually completed.

7. Learned counsel for the petitioner has further stated that the respondents are bringing the Scheme with a different name, i.e. 'Pradhan Mantri Mahila Shakti Kendra' for the period from 2017-18 to 2019-20.

8. Learned counsel for the petitioner further submits that the object of the newly approved/launched Scheme is absolutely identical to the existing Scheme/Project of Mission Poorna Shakti. It is also contended that Nodal Agency for running these Schemes/Projects is the same, and funding and budget for both the Schemes are same.

9. Learned counsel for the petitioner further states that the petitioner has rendered continuous service of about six years, and was thus,

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