The court emphasized that while employers have discretion in employment decisions, they must provide justifiable reasons for termination, particularly when recommendations for extension are made.

ORDER :

DINESH MEHTA, J.

1. By way of present writ petition, the petitioner has raised a grievance that inspite of the fact that he has long experience of working since 2015 as District Co-ordinator in Swach Bharat Mission, the respondents have discontinued his engagement, simply because he has attained the age of 60 years.

2. Learned counsel argued that petitioner’s case has been favourably recommended by the Chief Executive Officer vide communication dated 16.02.2023 indicating that he was not engaged under the Rajasthan Contractual Hiring to Civil Posts, Rules 2022 and he was physically fit and efficient to discharge his duties but the Chief Executive Officer, Zila Parishad, Udaipur vide communication dated 21.11.2024, decided not to extend petitioner’s services as he had attained 60 years of age.

3. Learned counsel further submitted that by virtue of interim order dated 19.01.2024, passed in S.B. Civil Writ Petition No.672/2024, similarly situated person was allowed to continue in services.

4. Mr. Pawan Singh invited Court’s attention towards the advertisement dated 01.07.2008, issued by identical Zila Parishad, Jalore and pointed out the condition No.6, in which the maximum age prescribed for applying for the post was 65 years to contend that the respondent cannot retire the petitioner at the age of 60 years.

5. Heard learned counsel for the petitioner.

6. No mandamus can be issued to the respondents to extend the services of the petitioner, it is the discretion of the employer. However, in the light of recommendation made by the Chief Executive Officer in petitioner’s favour vide communication dated 16.02.2023, this Court is of the view that in normal circumstances, petitioner’s term/engagement ought to have been extended. True it is that it is a discretion of the State to continue or not to continue services of a contractual employee but the order impugned does not specify any reason or the basis, as to why the petitioner’s services should not be extended.

7. Such being the position, the petitioner is directed to file a representation before the Chief Executive Officer, Zila Parishad, Udaipur alongwith the requisite documents and certified copy of the order instant.

8. If the representation is so addressed, the Chief Executive Officer, Zila Parishad, Udaipur shall consider the same in accordance with law.

9. In case, the post of District Co-ordinator in Swach Bharat Mission is still lying vacant, the Chief Executive Officer, Zila Parishad, Udaipur shall give chance to the petitioner to serve them, having due regard to the experience he has gained.

10. The present writ petition is disposed of.

11. Stay application also stands disposed of accordingly.