PUNJAB & HARYANA HIGH COURT
Ashutosh Mohunta and R.S.Madan JJ.
Vijay Kumar
Versus
State T.B.Control Society, Haryana
Civil Writ Petition No. 19110 of 2005,
Decided On : MARCH 23, 2007
Contractual Appointment - Employment Contract - RNTCP Modules, Government of India guidelines - [Clause 9.7 (G) (4) of RNTCP Modules, Clause 14.10 of the guidelines for the State Tuberculosis Control Society] - The court discussed the contractual appointments under the RNTCP Modules and the guidelines for the State Tuberculosis Control Society, emphasizing the terms and conditions of the employment contracts and the authority of the Society to make contractual appointments for a limited period of time.
Fact of the Case:
The petitioners were appointed on a contractual basis for one year as Laboratory Technicians by the State Tuberculosis Control Society Haryana. They sought continuation of their employment until regular appointments were made or until the project continued, challenging the termination of their services.
Finding of the Court:
The court found that the petitioners were appointed on a contractual basis with specific terms and conditions, and the Society had the authority to engage employees on a contractual basis for a fixed tenure. The court emphasized that the Society had the discretion to extend or not extend the period of the contract based on the project's requirements.
Issues: The main issue was whether the petitioners were entitled to continue their employment on a contractual basis beyond the initial one-year period.
Ratio Decidendi: The court held that the terms of the employment contract bound the parties, and the Society had the authority to make contractual appointments for a limited period of time. The court emphasized the discretion of the Society to extend or not extend the period of the contract based on the project's requirements.
Final Decision: The petitions were dismissed, and the court found no merit in the petitioners' claims for continuation of their employment beyond the initial one-year contractual period.
R. S. MADAN, J.
1. By this order we propose to dispose of civil Writ Petition No.19110/2005, Civil Writ petition No.19618/2005, Civil Writ Petition no.20068/2005 and C. W. P. No.4060/2007, which involved identical questions of law and facts.
2. The facts are being taken from the Civil writ Petition No.19110/2005.
3. Pursuant to the advertisement issued by the Statet. B. Control Society Haryana on June 25,2004, applications were invited for 23 posts of Laboratory Technicians and all the petitioners had applied for the said posts and they were interviewed by duly constituted selection Committee. On November 23, 2004, the petitioners were offered appointment on contract basis for one year. In pursuance of the said offers, the petitioners had joined on december 1, 2004, December 14, 2004, november 30, 2004, December 7, 2004, december 3, 2004 and December 7, 2004 respectively.
4. It is further the case of the petitioners that the petitioners were appointed on contract basis and their work and conduct was found satisfactory, so in these circumstances there is no justification for not allowing them to continue till regular appointments are made or till the project continues and further to replace the contract employees by another set of contract employees.
5. The petitioners have placed on record appointment letter (Annexure PI), which contained the following terms and conditions:
"7. Your appointment is on contractual basis and your services can be terminated on 24 hours notice without assigning any reason. In case of winding up the project your services will automatically stand terminated.2. You will be required to submit declaration duly attested by a Gazetted Officer or a magistrate 1st Class to the effect that: (a) You are not married to a person already having a living wife/husband. (b) You are not on any previous occasion dismissed from service under any government Department or convicted by any Court of law. (c) You will submit a Medical fitness certificate issued by any Civil Surgeon of the State.3. You must understand that if any information/declaration furnished by you in connection with this appointment is at any time found to be false or incorrect, you will be liable to be dismissed from service.4. You will not be entitled to any travelling allowance for the journey performed by you for joining this appointment or on its termination.5. You will not claim to be adjusted against any other post on the basis of your services of this post.6. You will be required to sign a contract form at District T. B. Centre Rohtak as per goi guidelines.7. In case you want to leave the job, you have to give one month advance notice to STCS or to deposit one month salary to the STCS.8. If the above conditions are acceptable to you, you should report to the District TB officer, Rohtak within 15 days from the issue of this appointment letter, failing which the offer will stand cancelled. "
6. Upon notice, the respondents filed written statement and resisted the claim of the petitioners. It was projected by way of preliminary objections that:
"to ensure the effectiveness of function including planning, up gradation, execution, monitoring and supervision of the district activities, the Society had to engage the service of certain employees on contractual basis and for a fixed tenure and also on deputation from the other department of the state. The engagement of contractual employee on the post of Laboratory technician (LT) is contemplated by, provision 9.7 (G) (4) of RNTCP Modules under the heading Hiring of Contractual staff and also mentioned in the Clause 14.10 of the guidelines for the State Tuberculosis control Society under the heading "contractual Services" and in the guidelines it is specifically mentioned the norms to determine the strength of the contractual employees. As per the norms, the formulas is 5 per 2 million population for the calculation of number of post for the L. T. Accordingly, the posts were advertised by the a
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