Contractual employees have no inherent right to renewal or regularization after the maximum contract period, as established by relevant legal precedents.

C A V Order

Since the issue involved in this batch of writ petitions is the same, they are being disposed of by this common order.

02. By way of these petitions, the petitioners are challenging the notice/order dated 1.6.2015 issued by Dean, CIMS, Bilaspur (Annexure P/1) terminating their services w.e.f. 30.6.2015 as also challenging the advertisement dated 15.6.2015 (Annexure P/2) issued by Dean, CIMS inviting applications for contractual appointment on various posts including the posts from which the petitioners are being terminated.

03. Brief facts of the case necessary for adjudication of these petitions are that the petitioners were appointed on contractual basis for a period of one year on the posts of OT Technician, Nischetna Technician, Sweeper, Ward Boy and Cook in the years 1996, 2001, 2002, 2003, 2005 and 2008. During the course of their contractual service, the petitioners made representation before the Hon’ble Chief Minister, State of CG on 7.6.2012 for regularization of their services and copy of the representation dated 31.7.2012 was submitted before the Director, Health Education, Chhattisgarh vide Annexure P/4. As the grievance of the petitioners was not resolved, they went on strike. On 5.4.2011 it was amicably resolved between the petitioners and Dean, CIMS that as per meeting held on 4.4.2011 in the office of Director, Medical Education, Raipur, the contractual employees working in CIMS for more than five years till decision on their regularization is taken, will be continued and advertisement for regular appointment shall be kept in abeyance, and if any fresh advertisement is issued, the case of the petitioners will be considered for granting them benefit, seniority and age relaxation. Copy of the compromise dated 5.4.2011 signed by the Dean, CIMS, is filed as Annexure P/5. The respondent/Dean also issued experience certificates and No Objection Certificate to the petitioners. However, on 1.6.2016 the respondent/Dean issued the impugned notice/order terminating the services of the petitioners w.e.f. 30.6.2015 under the provisions of CG Civil Sewa (Samvida Niyukti) Niyam, 2012 as they have completed the maximum period of five years and thereafter, issued impugned advertisement inviting applications for contractual appointment on various posts including the posts from which the petitioners are being terminated. Hence these petitions.

04. Learned counsel for the petitioners would submit that issuance of impugned advertisement is unwarranted for the reason that a contract/temporary employee cannot be replaced by another contract/temporary employee and the same is against the dictum of the Hon’ble Supreme Court. It was resolved amicably between the petitioners and respondent/Dean, CIMS after meeting with Director, Medical Education, Raipur that services of the contractual employees working in CIMS for more than five years till decision on their regularization is taken, will be continued and advertisement for regular appointment shall be kept in abeyance and if any fresh advertisement is issued, the case of the petitioners will be considered for granting them benefit, seniority and age relaxation.

Learned counsel for the petitioners further argued that the impugned termination notice is illegal as there is no impediment of maximum limit of five years in the said Contract Rules, 2012. They further argued that the State of CG, Department of General Administration, vide letter dated 17.1.2014 categorically stated that daily wagers/contractual class-III and class-IV employees will get the benefits of direct recruitment and for this a policy is to be framed but instead of following this direction, a fresh advertisement is issued for appointment of contractual employees again. Learned counsel for the petitioners contend that through notification dated 31.3.2015 an amendment in the CG Civil Sewa (Samvida Niyukti) Niyam, 2012 has been issued in sub-rule (3) of Rule 15 which stipulates recording of Confidential Report/Perform