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2025 Supreme(Online)(MP) 2271

HIGH COURT OF MADHYA PRADESH
JUSTICE VISHAL MISHRA, J
Manoj Kumar Sharma – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 860/2018



Advocates:
Dileep Kumar Pandey,Advocate General

Contractual employees lack a vested right to contract renewal, and termination does not necessitate reinstatement unless statutory violations occur.

Headnote:(A) Madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and Conditions of Service) Rules, 2001 - Suo moto proceedings - The appointments of petitioners as Samvida Shala Shikshak Grade III were cancelled by the Collector on grounds of missing original documents and non-compliance with rules. The petitioners argued that the Collector's action was beyond the 60-day limitation period for initiating such proceedings. The court found that the Collector acted within his rights upon discovering irregularities. (Paras 4, 7, 10, 14, 19)

(B) Contractual Employment - The court reiterated that contractual employees do not have a vested right to continuation of their contract, and termination does not warrant reinstatement unless statutory provisions are violated. (Paras 14, 16, 17)

Facts of the case:
The petitioners were appointed as Samvida Shala Shikshak Grade III in 2001 and worked until 2005. Their appointments were cancelled in 2008 due to alleged irregularities and missing records.

Findings of Court:
The court held that the Collector's cancellation of appointments was justified due to the absence of records and the illegality of the appointments.

Issues: The main issue was whether the Collector's suo moto proceedings were initiated beyond the permissible 60-day period.

Ratio Decidendi: The court ruled that the Collector's actions were valid as they were based on the discovery of irregularities, and the petitioners' rights as contractual employees were limited.

Result: Petitions dismissed.

ORDER

Additional documents i.e. appointment order of petitioner-Manoj Kumar Sharma as Samvida Shala Shikshak Grade III filed vide covering memo dated 18.02.2025 are taken on record.

2. This common order shall govern disposal of both the aforesaid writ petitions, as the question of law and facts involved herein, are similar. For the sake of convenience and in order to effectively address the issue involved herein, the facts relevant for adjudication are being culled out and taken from WP No.860 of 2018.

3. The challenge in both the petitions is made to the impugned order dated 21.01.2008 passed by Collector Rewa (M.P.) whereby appointments of the petitioners on the post of Samvida Shala Shikshak Grade III have been cancelled in suo moto proceedings. The petitioners are further aggrieved by the order dated 29.05.2017 passed by Commissioner Rewa Division Rewa (M.P.) whereby the appeal preferred by the petitioners has been dismissed.

4. It is the case of the petitioner that Gram Panchayat Paharkha Janpad Panchayat Gangeo District Rewa (M.P.) passed a resolution for appointment of the petitioner on the post of Guruji, in pursuance of which Janpad Education Committee Janpad Panchayat Gangeo approved the name of the petitioner for appointment to the post of Guruji in its meeting held on 23.09.2001. The Chief Executive Officer Janpad Panchayat Gangeo District Rewa wrote a letter to Sarpanch Gram Panchayat Paharkha to the effect that the petitioner has been selected on the post of Guruji vide letter dated 20.12.2001. He was sent on training of Guruji which was held between 10.06.2002 to 30.06.2002. The petitioner took the charge on the post of Guruji on 20.12.2001 and informed the said fact to the Chief Executive Officer Janpad Panchayat Gangev. The bank accounts were operated in the name of the petitioner as Guruji as is reflected from letter dated 02.02.2002. The Chief Executive Officer issued orders on 23.11.2002 and 13.12.2002 whereby petitioner-Manoj Kumar Sharma and others i.e. petitioners in connected WP No. 14081 of 2017 were appointed as Samvida Shala Shikshak Grade III in Government High Secondary School Unchatola Block Gangev Tahsil Sirmour District Rewa. He worked from December 2002 to December 2005 as Samvida Shala Shikshak Grade III and in the meantime the petitioner did his D.Ed course from District Education and Training Institution, M.P. run by the State Government. Since the petitioner and others were appointed for a period of three years on contract basis subject to the condition of satisfactory working, their contract period was further extended for a period of three years but the Chief Executive Officer while extending the services of the petitioner and others sought recommendation/guidance of Collector Rewa for extension of their services. The Education Committee of Janpad Panchayat Gangeo vide resolution dated 23.12.2005 sent a proposal for extension of services of the petitioner and others for further three years. Thereafter, the Collector took a suo moto cognizance with respect to the appointments of the petitioner and others and issued notices to them. The Collector Rewa issued the show cause notice vide note sheet dated 10.04.2006. A detailed reply has been filed to the aforesaid show cause notice by them. Thereafter, the order dated 21.01.2008 has been passed by Collector Rewa in suo moto proceedings cancelling the appointment of the petitioner and others on the ground that the original documents of appointments of the petitioner and others are not available in the office of Janpad Panchayat Gangeo. The Collector has not considered the aspect that the Janpad Panchayat is the custodian of the records, therefore, the said ground was not available to the Collector. Another ground taken by the Collector is that the appointment of the petitioner and others to the post in question is contrary to the Madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and Conditions of Service) Rules , 2001. Being aggrieved,

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