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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Aita Oraon, son of Somra Oraon – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. common appeals heard together. (Para 1 , 2) |
| 2. facts regarding contractual appointments. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arguments for continuation of service. (Para 11 , 12 , 13) |
| 4. court's observations on contractual agreements. (Para 15 , 16 , 19 , 21 , 22 , 24) |
| 5. rights under contract not absolute. (Para 25 , 26 , 33 , 34) |
| 6. distinction between contract and ad hoc appointments. (Para 36 , 38 , 44) |
| 7. appeals dismissed; judgment upheld. (Para 46 , 48 , 49) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. All the appeals are since arising out of the common order and as such directed to be heard together and accordingly listed together for its analogous hearing.
2. The matter has been heard together with the consent of the learned counsel appearing for the parties.
3. All the appeals are under Clause 10 of the Letters Patent Appeal directed against the common order dated 18.06.2024 passed by learned Single Judge of this Court in writ petition being W.P.(S) No. 1164 of 2021 with W.P.(S) No. 2892 of 2021 and W.P.(S) No. 3542 of 2021, whereby and whereunder, the prayer for consideration of continuation in service of the writ petitioners-appellants has been denied by dismissing the writ p
The court established that contractual employees do not have an automatic right to continued employment beyond the expiration of their contract, affirming the exclusive nature of terms defined in sai....
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
Ad hoc employees cannot be replaced with other ad hoc employees; replacement must be by regular appointments according to established legal principles.
Retrospective disengagement of long-serving contractual employee illegal if duties continued post-tenure; replacement by another contractual impermissible, entitling continuation till regular incumbe....
Contractual employees cannot claim regularization or a regular pay scale unless stipulated in their contract, and performance assessments are necessary for contract renewal.
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