2026 Supreme(Online)(Jhk) 1101
HIGH COURT OF JHARKHAND
KIRTAN RAJWAR – Appellant
Versus
THE STATE OF JHARKHAND THROUGH SECRETARY OF RURAL DEVELOPMENT DEPARTMENT PANCHAYATI RAJ – Respondent
WPC 120 / 2024
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2026:JHHC:2367
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 120 of 2024
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Kirtan Rajwar, aged about 30 years, Son of Ashu Rajwar, Resident of
Village-Tupra, P.O. & P.S.-Pindrajora, District-Bokaro.
....Petitioner(s).
Versus
1. The State of Jharkhand through Secretary of Rural Development
Department Panchayati Raj, Nepal House, P.O. P.S.-Doranda,
District-Ranchi.
2. The Director, Panchayati Raj Department, Nepal House, P.O. &
P.S.-Doranda, District-Ranchi.
3. The Deputy Collector, Bokaro, P.O. & P.S.-Bokaro, District-Bokaro.
4. The, Deputy Development Commissioner, Bokaro, P.O. & P.S.-
Bokaro, District-Bokaro.
5. The District Panchayati Raj Officer, Bokaro, P.O. & P.S.-Bokaro,
District-Bokaro.
6. The Block Development Officer, Petarwar, P.O. & P.S.-Peterwar,
Bokaro. …Respondent(s).
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Rakesh Kumar, Advocate
For the State : Mr. Suraj Prakash, AC to SC-VII
…......
08/ 29.01.2026: By way of filing this writ petition, the petitioner has sought for
the following reliefs:-
a) For set aside the Memo No.211 order 29.03.2023 (Annexure- 4)
whereby the Respondent No.3 has refused to extend the
contractual employment the petitioner on the post of Block
Co-ordinator.
b) For a direction to the respondents to take him back in employment
on contractual basis by renewing the contract on the post of Block
Co-ordinator.
2. The petitioner was appointed as a Block Coordinator on
contractual basis on November 2017 and posted at Peterwar Block. His
contract was initially for one year and was renewed regularly from 2017
onwards. The last renewal was from 27.11.2021 to 27.11.2022. After that,
his services were not renewed as a punishment, for some alleged
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misconduct. The petitioner also wrote a representation to the concerned
authority on 28.04.2023, but no action was taken.
3. Learned counsel for the petitioner submits that respondents have
not renewed the contract of the petitioner based on false allegations. He
further submits that the non-renewal of petitioner’s contract was
vindictive and unfair. He also submits that no inquiry was conducted,
and the petitioner was not given any opportunity to explain or defend
himself, even though the provision of appointment rules requires fair
procedure before taking disciplinary action.
4. The learned counsel for respondents submits that the petitioner
was appointed as a Block Coordinator on a one-year contract, subject to
the condition that his work must be satisfactory, as clearly mentioned in
his appointment letter dated 27.11.2017. He submits that the petitioner’s
work was not found to be satisfactory, thus, after considering the
government circular and the report, the authority decided not to renew
the petitioner’s contract.
5. After hearing both the parties and upon perusal of the records, I
find that the appointment letter clearly stipulates that the continuation or
renewal of the contract was subject to the petitioner’s satisfactory
performance. A contractual employee does not have any vested or
indefeasible right to seek renewal of the contract after expiry of its term.
Non-renewal of a contract, after its expiry, does not amount to
termination or punitive action, particularly when the terms of
appointment expressly reserve discretion with the employer regarding
renewal.
The Hon’ble Supreme Court in “Central Electricity Supply Utility
of Odisha v. Dhobei Sahoo” reported in (2014) 1 SCC 161 in paragraph
49 has held as under-
49. From the factual depiction it is seen that though the policy and the
Scheme provide that the age of the candidate shall not exceed 55 years as on
1-9-2007, yet the tenure is extendable thereafter depending upon the
performance. We have referred to the same only for the purpose that though
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there is a maximum age-limit at the time of submission of an application, yet
the term can be extended. It may be apposite to note here that even if the
maximum age-limit is provided for submission of application and the period
o