Statutory rules prevail over administrative circulars or instructions. Under the Rajasthan Contractual Hiring to Civil Post Rules, 2022, contractual appointments cannot be extended beyond the age of 60, regardless of any contrary administrative circular or appointment order.

Judgment

1. This writ petition has been filed by the petitioner with following prayer:-

“It is therefore, most humbly prayed that your Lordship may graciously be pleased to accept and allow this writ petition and call for and examine entire record of the case and by an appropriate writ, order and direction

i) That the respondent may kindly be declare illegal and discriminatory action of the respondents by which respondents are going to retire the petitioner on 30.09.2025 on attaining the age of 60 years while the retired persons allowed to work till attaining the age of 65 years by re-engaging on contract basis;

ii) Further the Hon’ble Court may kindly be directed to the respondents to allow the petitioner on the post of Block Coordinator at Panchayat Samiti Patan, District Sikar till attaining the age of 65 years;

iii) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”

2. Grievance of the petitioner is that although, while appointing the petitioner to the post of Block Coordinator under the Swachh Bharat Mission (Rural) in Panchayati Raj Department in accordance with the Rajasthan Contractual Hiring to Civil Post Rules, 2022 (for short ‘the Rules of 2022’), there was a clear stipulation in the appointment order dated 28.06.2023 that the petitioner shall be allowed to continue till 31.03.2028, yet petitioner’s services have been terminated immediately on completion of age of 60 years ignoring the circular dated 28.03.2023, which lays down that only such employees shall be considered for re-appointment, who have not completed the age of 65 years. Learned counsel submits that thus, the intention of respondent-Government was clear that they would allow all the contractual employees to continue, post retirement upto the age of 65 years. Learned counsel for the petitioner also relies upon the order dated 03.11.2025 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.16199/2025 (Geeta Devi Salvi Vs. The State of Rajasthan & Ors.) and submits that the Co-ordinate Bench while passing the order dated 03.11.2025 has taken into consideration provisions of Rule 11 of the Rules of 2022 as well as the earlier circulars providing for continuation of contractual employee upto the age of 65 years.

3. Per contra, learned counsel appearing for the respondents submits that Rule 11 (1) of Rules of 2022 is quite clear and provides the condition that the contractual appointment shall not be extended beyond the date on which the contractual appointee attains the age of 60 years. Learned counsel for the respondents further submits that it is settled proposition of law that if the Rule is explicitly clear then any circular providing contrary to such Rule should be ignored, as the Rule would prevail over any administrative instructions/circular. Learned counsel for the respondents places reliance upon order dated 04.12.2025 passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No.1328/2025 (Bhanwar Singh Vs. State of Rajasthan & Ors.), whereby while dismissing the D.B. Special Appeal, the Division Bench has also given an observation that Rule would prevail over any order or circular issued by the State Government and as per Rule 11 of the Rules of 2022, tenure of contractual appointment cannot be extended beyond the date on which the contractual appointee attains the age of