1. Contractual employee termination under Rule 18 of Rajasthan Contractual Hiring to Civil Posts Rules, 2022, for unsatisfactory performance, challenged by writ petition seeking reinstatement. (Para 1 )
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2026 Supreme(Online)(Raj) 10497
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Anand Sharma, J
Ramdhan Singh – Appellant
Versus
State of Rajasthan – Respondent
S. B. Civil Writ Petition No. 2709/2026
Advocates:
For the Appellants/Petitioners: Khet Singh Rajpurohit
For the Respondents: Vinay Chhipa
For the Appellants/Petitioners: Khet Singh Rajpurohit
For the Respondents: Vinay Chhipa
The court affirmed that judicial review in contractual employment is limited and will not interfere with termination based on performance if reasonable opportunities were provided and the decision is supported by relevant administrative material, absent proof of mala fides or arbitrariness.
Headnote:(A) Contractual Employment - Termination of Service - Scope of Judicial Review - In matters of contractual employment, the scope of judicial review is limited; unless the action is proven to be arbitrary, mala fide, or in violation of statutory provisions, the court will not interfere with the decision of the competent authority. (Para 8, 12)
(B) Principles of Natural Justice - Performance-based Termination - Opportunity of Hearing - Where the employee has been issued notices and provided opportunities to explain performance deficiencies and attend hearings, the termination cannot be held to be in violation of the principles of natural justice. (Para 9)
(C) Administrative Law - Speaking Order - Necessity in Contractual Matters - In cases of contractual termination based on overall performance and suitability assessments, a detailed adjudicatory order similar to formal disciplinary proceedings is not required provided the decision is based on relevant material. (Para 10)
Issues: Whether the termination of the petitioner's contractual services was arbitrary, violative of natural justice, or discriminatory warranting interference under Article 226 of the Constitution of India.
Legal Category Hierarchy
Table of Contents
2. Petitioner alleged arbitrary, non-speaking termination violating natural justice and discrimination; respondents justified termination due to poor performance and non-compliance. (Para 3 , 4 , 5 , 6 )
3. Court held contractual employee has no vested right; adequate opportunities given; termination based on material; discrimination plea unsubstantiated; limited judicial review. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 )
4. Contractual employment carries no vested right to continue; judicial review limited unless arbitrary, mala fide, or statutory violation; detailed adjudication not required in performance-based termination. (Para 8 , 9 , 10 , 11 , 12 )
5. Writ petition dismissed; no illegality found in termination order; pending applications dismissed. (Para 14 , 15 )
6. Does a contractual employee have a vested right to continue in service?
No, a contractual employee does not hold a vested right to continue in service; the scope of judicial review in such matters is limited. (Para 8 )
7. What is the scope of judicial review in contractual employment termination cases?
Judicial review is limited; interference warranted only if arbitrary, mala fide, or violation of statutory provisions; detailed adjudicatory order not required in performance-based termination. (Para 10 , 12 )
8. Is a non-speaking termination order invalid in contractual employment?
No, in contractual employment, especially performance-based termination, a detailed adjudicatory order is not required; decision based on relevant material suffices. (Para 10 )
9. Can a contractual employee claim discrimination by comparing performance with others?
No, comparative assessment in contractual engagement is not justiciable unless clear hostile discrimination is shown; no material substantiated the plea. (Para 11 )
10. What constitutes adequate opportunity in contractual termination?
Issuance of multiple notices, personal hearing, and consideration of replies collectively satisfy natural justice; termination not violative if opportunities afforded. (Para 9 )
Judgment
02/04/2026
1. The present writ petition has been filed by the petitioner assailing order dated 07.01.2026, whereby his contractual services on the post of Cluster Level Manager under the Rajivika Project have been terminated in exercise of powers under Rule 18 of the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 (for short ‘the Rules of 2022’). The petitioner has also
prayed for reinstatement with consequential benefits.
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[2026:RJ-JD:15122] (2 of 6) [CW-2709/2026] 2. The facts, in brief, as pleaded by the petitioner are that he was initially engaged on contractual basis in the year 2018 under the Rural Development and Panchayati Raj Department and was subsequently brought within the ambit of the Rules of 2022 after due screening, whereupon he was issued appointment order dated 20.02.2023. It has been pleaded that despite being assigned additional responsibilities of multiple blocks, he discharged his duties diligently and without any complaint. However, from May, 2024 onwards, a series of notices were issued to him alleging deficiencies in performance, to which he submitted replies explaining the difficulties such as shortage of staff and technical issues in the online portal. It is further pleaded that without properly considering his explanations, a recommendation was made by the District Project Manager for termination of his services, culminating into issuance of show cause notices and
ultimately, the impugned termination order dated 07.01.2026.
3. Respondents opposed the writ petition by way of filing reply and submitting that the petitioner was a purely contractual employee governed entirely by the terms and conditions of his appointment as well as the Rules of 2022. It is submitted that repeated notices were issued to the petitioner regarding unsatisfactory performance, non-compliance of instructions and lack of progress in the assigned work. Despite adequate opportunity, the petitioner failed to improve his performance to the expected level. It is further contended that show cause notices were duly issued, however, most of them remained un-responded. Even then, before taking any action against the petitioner, reply to
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[2026:RJ-JD:15122] (3 of 6) [CW-2709/2026] the later notice submitted by the petitioner was considered and finding no substance in the reply to the notice, a conscious decision was taken to terminate his services. It is argued that the scope of judicial review in contractual matters is limited and no case of arbitrariness or violation of statutory provisions is made
out.
4. Further, an additional affidavit was also filed on behalf of the respondents to emphasise the facts that the petitioner also failed to comply with specific directions issued by higher authorities, including directions requiring his presence at Jaipur for monitoring and improvement of performance. Despite issuance of such directions on multiple occasions, the petitioner did not comply with the same, which clearly indicates lack of discipline
and disregard for administrative instructions.
5. While repeating the contents of the writ petition, Mr. Khet Singh Rajpurohit, learned counsel for the petitioner argued that the impugned order is arbitrary, non-speaking and violative of the principles of natural justice. It is argued that no proper enquiry was conducted and the petitioner was singled out despite having better performance than other similarly situated employees. Hence, the action of the respondents is discriminatory
and vitiated by malice in law.
6. Per contra, Mr. Vinay Chhipa, learned counsel for the respondents submitted that the termination order is legal, justified and passed after due consideration. It was emphasised that the petitioner consistently failed to achieve the required performance standards, disobeyed instructions of higher authorities and
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