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REKHA BORANA
Roopram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Rekha Borana, J. - The matters come upon (i) an application under Article 226(3) of the Constitution of India filed by the respondent-Department for vacation of the interim order dated 02.11.2018 and (ii) an application preferred on behalf of the petitioners for release of their due salary.
2. With the consent of learned counsel for the parties, the matters have been heard finally.
3. The present writ petitions have been filed against the order dated 31.08.2018 whereby the services of the petitioners have sought to be terminated.
4. Brief facts of the case are that:-
The petitioners were appointed as Computer Operator (Man with Machine) with the respondent-Department. In the year 2016, the services of the petitioners were sought to be terminated vide order dated 06.05.2016. Against the said order, several writ petitions were filed before this Court and the writ petitions of some of the petitioners were disposed of vide order dated 18.01.2018 with the following observations:-
"2. Admittedly, the petitioners were appointed on the post of Computer Operator Man with Machine and have been discharging their duties for more than 10 years. The extension of the yearly contract was being
The termination of services of contractual employees and the fulfillment of conditions mentioned in an earlier order.
Engagement on a contractual basis in project-specific roles does not confer rights to permanency, and long service cannot override express terms of engagement.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
A contractual employee cannot claim regular employment as a matter of right in the absence of an employer-employee relationship.
Contractual employees have no right to insist on the renewal of their contract and cannot claim any protection against termination after the contract period is over.
The main legal point established is that the termination of a contractual employee based on allegations of misconduct requires a full-scale departmental inquiry, as per the 1971 Gujarat Civil Service....
petitioners who are not employed by the Surat Municipal Corporation cannot claim regularisation or any benefit as prayed in this petition as they were employed by the contractor or agency through the....
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