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 said contracts.

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 petitions.

4. The brief facts of the case as per the pleading are that under the aegis of 14th Finance Commission launched by the Government of India, the Government of Jharkhand in its Department of Rural Development (Panchayati Raj), sanctioned various posts of Accounts Clerk-cum Computer Operator, Junior Engineers, Assistant Engineers and Executive Engineers. By notification contained in Memo No. 80 dated 28.4.2016, the State Government laid down the requisite qualifications for appointment and examination process as well as service conditions. Thereafter, the concerned Deputy Commissioners of the district issued a press release on 30.5.2016 inviting applications for the posts of Junior Engineers/Accounts Clerk-cum-Computer Operator. Similar advertisements for appointment on various posts were also published by other districts of the State. Being eligible in all respects, the petitioners applied for appointment on the post of Junior Engineers/Accounts Clerk-cum Computer Operators. All the petitioners were called for efficiency test and computer test and after being found successful in all the tests, they were appointed on the post of Junior Engineers/Accounts Clerk-cum-Computer Operators. Thereafter, all the petitioners were posted in different blocks and were discharging their duties with full satisfaction of the authorities. It is specific case of the petitioners that though they were appointed under the 14th Finance Commission for a period of five years, which was supposed to come to an end on 31.03.2020, but their services were extended till 31.12.2020 with assurance that they shall further be continued. However, the State Government vide notification dated 19.2.2021 initiated fresh selection process on the posts against which the petitioners are continuing on contractual basis for implementation, monitoring and execution of the works related to scheme under 15th Finance Commission on same set of eligibility criterion. Hence, the petitioners were constrained to knock the door of this Court with utmost apprehension that their services might be discontinued.

5. It is evident from the factual aspect, as per the pleading made as referred hereinabove, is that the appellants had been appointed as Junior Engineers/Accounts Clerk-cum-Computer Operators, on contractual basis, on the basis of the decision taken in the 14^th Finance Commission.

6. The appellants had started discharging their duties, based upon the contract entered in between the employer, the state functionary and the one or the other appellants.

7. After expiry of the tenure of the 14^th Finance Commission, which was replaced by 15^th Finance Commission the services of the appellants were not continued, rather an advertisement has been floated to engage another appointee, however, the appellant