Order

By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed with costs and this Hon'ble Court may be pleased to issue appropriate writ, order or direction; and

(i) Issue an appropriate writ, order or direction, not terminate/compulsory retire the Petitioner on attaining the age of 60 years as on 15.08.2025 and allow him to continue in service till the age of 65 years, in terms of the Circular dated 11.07.2017 (Annexure-6)

(ii) Declare that the action of the Respondents in issuing a verbal order of termination/compulsory retirement of the Petitioner at the age of 60 years is illegal, arbitrary, discriminatory, and violative of Articles 14, 16 and 21 of the Constitution of India;

(iii) or Any other appropriate writ, order direction which this Hon'ble Court deems just and proper on the facts and in the circumstances of the case may also be passed in favour of the Petitioner.”

Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the petitioner was appointed on a contractual basis to the post of ‘Pathshala Sahayak’ under the Rajasthan Contractual Hiring to Civil Post Rules, 2022 (hereinafter referred to as “the Rules, 2022”), vide order dated 15.02.2023.

According to the petitioner, the appointment order dated 15.02.2023 contained a specific stipulation that his contractual appointment would be for a period of five years, i.e., up to 15.02.2028. However, the respondents, without assigning any reasons or justification, decided to discontinue his services on the ground that, in terms of Rule 11 of the Rules, 2022, he cannot be permitted to continue beyond the age of 60 years.

Rule 11 of the Rajasthan Contractual Hiring to Civil Post Rules, 2022 is reproduced below for ready reference:—

“11. Period of contractual appointment.- (1) On the posts created under these rules, first contractual appointment shall be made for a period not exceeding five years or up to the expiry of the period of scheme/ project whichever is earlier, however, if the period of scheme/ project is further extended, the State Government may take decision for renewal of contractual appointment by extending the period of contractual appointment for 3 years at a time depending on the necessity of the contractual employees and after assessing suitability of person appointed on contract,

The contractual appointment shall not be extended beyond the date on which contractual appointee attains the age of 60 years.

(2) Work assessment of the person hired on contract shall be recorded so that his work may be assessed in case he is to be considered for appointment on contract for the next year.

(3) Contract appointment shall stand terminated automatically on expiry of the period of the contract and there shall be no need to issue separate order for terminating the service.”

Upon consideration of the aforesaid Rule 11 of the Rules, 2022, this Court has no hesitation in concluding that even if the appointment order dated 15.02.2023 stipulates continuation up to 15.02.2028, the petitioner cannot continue in service beyond the age of 60 years, as expressly mandated under Rule 11. Any condition in an appointment order contrary to statutory rules cannot override such statutory provisions. No mandamus can be issued directing the respondents to act in contravention of the Rules, 2022, by permitting the petitioner to continue in service beyond the age of 60 years.

In view of the aforesaid discussion, this Court finds no merit in the present writ petition, and the same is accordingly dismissed.

However, it is made clear that since the petitioner has worked with the respondents with effect from 26.08.2025 under the interim order passed by this Court, the respondents shall pay the salary to the petitioner for the period from the date of the inter