The court ruled that a non-statutory guideline should not bar contract renewal, emphasizing due consideration for the petitioner's application under a new program.

JUDGMENT

Dated this the 10^th day of January, 2025 The petitioner was appointed in the National Health Rural Mission, in the scheme of the Revised National Tuberculosis Control program on contract basis on 16.06.2009. The petitioner was initially appointed as T.B Health visitor on contract basis, renewable on a year-to- year basis. However, the petitioner’s appointment has not been renewed after 31.03.2022.

2. The learned counsel for the petitioner submits that the petitioner’s engagement on contract basis as a T.B Health Visitor has not been renewed on the ground that the petitioner has attained 60 years of age, whereas as per guidelines in Ext.P2, the maximum age limit is 65 years and not 60 years. The petitioner has made a representation in Ext.P3 for his continuation as T.B Health visitor till he attains the age of 65 years. However, no consideration has been given on the said representation of the petitioner.

3. The learned counsel appearing for respondents

2,3 & 5 submits that Ext.P2 is not a statutory Rule but a guideline. It only prescribes that a person cannot be engaged as a contractual employee under the Revised National Tuberculosis Control Program. It is further submitted that the petitioner’s appointment was under Revised National Tuberculosis Control Program. The said scheme was wound up and new scheme National Tuberculosis Elimination Program has been ruled out to eliminate T.B from the country. Where the earlier scheme under which the petitioner was given contractual appointment is no longer in existence, the petitioner cannot claim continuation of service in the scheme on contractual basis.

4. The petitioner would have gained some experience by working under the earlier scheme and therefore, I am of the view that the petitioner’s representation should be given due consideration by the 5^th respondent for giving him appointment under the new scheme ie, National Tuberculosis Elimination Program. If there is no bar for appointment of a person below the age of 65 years and there is a vacancy where the petitioner can be accommodated on a contractual basis, due consideration should be given to the petitioner’s representation for giving him an appointment on contract basis under the new scheme. Such consideration must be accorded within a period of three weeks from today.

With the aforesaid direction, the present writ petition stands finally disposed of.

Sd/-