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2010 DIGILAW 1451 (RAJ)

Surendra Godara v. State of Rajasthan

2010-08-12

VINEET KOTHARI

body2010
JUDGMENT 1. - Learned counsel for the petitioner submits that the controversy involved in the present cases is squarely covered by a recent decision of this Court in the case of Mahendra Singh & Ors. v. State of Rajasthan & Ors., SBCWP No. 5753/2010 decided on 5th August, 2010 . The operative portion of the said decision given by this court is reproduced hereunder- "15. Since sufficient time after the communication dated 30.04.2010 has already lapsed and it was expected of the respondent-State through its Principal Secretary to either convey the financial sanction or to negate the same. While on the other hand, under the expectation of receiving such financial sanction, the respondent No.4 continued to employ these petitioners for the month of June 2010, as would be evident from Annex-9 letter dated 12.07.2010; there is no material before this Court either denying the financial sanction or reasons for such denial. On the other hand, this Court intends to infer from number for substantive vacancies apparently being available with the State Government has sufficient financial backing and sanction for the same. 16. Obviously, there is some force in the contention of the learned counsels for the petitioners that if the period of contract of service of the present petitioners is not extended, the work in these group of Hospital at Jodhpur is bound to suffer; and admittedly the vacancies would lie vacant till regularly selected candidates are made available and are appointed, the work of providing of medical relief and service to the patients in these group of hospitals is bound to suffer. This Court is also conscious of such "Vacancy Syndrome" in all Government Institutions and public bodies where, for the reasons best known to the persons responsible for filing up of those vacancies for long duration causes incalculable loss to such institutions and public bodies. In fact, there is an urgent and dire need to appreciate and remove such 'vacancy syndrome' on the part of the State Government to provide a balanced and regular employment to the youth of the country and in the light of such vacancies being available, the practice of making adhoc and fixed term contractual appointment and sudden jettisoning of these low paid employees from respective jobs merely on account of non-availability of requisite financial sanction can hardly be appreciated by this Court. As already stated while it is for the State Government to decide the manner and method of recruitment and employment for various positions including like Lab Technicians and General Nurse Male Grade II in the present case for which the petitioners and their likes have hardly any role to play, despite the legal position that such fixed term contract employees do not have any right to claim to continue in the job after expiry of period of contract or to claim regularisation. this Court finds itself unable to countenance the stand of the respondent-State that absence of any such legal right of the petitioners their writ petitions deserve dismissal simpliciter leaving aside the large number of available vacancies and despite the recommendations of the Principal and controller of Group of Hospitals, recommending the extension period of contract of the present petitioners on one side. 17. The claim of the present petitioners is only to the extent that they may be allowed to continue in the said positions till such regularly selected candidates are available and so appointed by the State Government and this contention cannot be said to be absolutely without merit. This claim of the petitioners is also found to be supported by the aforesaid decision of the Hon'ble Supreme Court in the case of Commissioner, Kendriya Vidayalaya Sangathan (supra) and, therefore, this Court is inclined to dispose of these writ petitions with the direction to respondent-State and particularly respondent No.4 to continue to the petitioners (Lab Technicians as well as General Nurse Male Gr. II) in the service and their period of contract may be extended till the regularly selected candidates are made available by the RPSC and the State Government and such regularly selected candidates are appointed to fill up these vacancies. It is needless to add that the present ,petitioners are also equally free to participate in the regular selection process, which has been initiated by the respondent-State as far as General Nurse Male Gr. II is concerned; or may be initiated for the remaining positions of Lab Technicians. However, the continuation of the present petitioners in these positions against the admitted availability of substantive vacancies with the respondent No.4 is only up to the period till such regularly selected candidates are made available and are appointed to fill up these vacancies. 18. Accordingly, these writ petitions are allowed with aforesaid observations. However, the continuation of the present petitioners in these positions against the admitted availability of substantive vacancies with the respondent No.4 is only up to the period till such regularly selected candidates are made available and are appointed to fill up these vacancies. 18. Accordingly, these writ petitions are allowed with aforesaid observations. No order as to costs. 2. Heard counsel for the respondents Mr. Y.P. Khileri, however, submits that the present petitioners in these three writ petitions are not similarly situated because they were not initially appointed by the respondent State but through different NGOs/Placement Agencies as given out in their appointment orders and, therefore, they are not entitled to continue in service after expiry of the contract of service which was upto 3.7.2010 vide Annex. 6 dated 4.6.2010 passed by the Medical Relief Society registered under the Societies Registration Act. He further submitted that the vacancies available in terms of the communication dated 30.4.2010 of the Principal, S.N. Medical College, Jodhpur for the associated group of Hospitals relied upon in the decision of this court in the case of Mahendra Singh (supra) are limited and, therefore, if the petitioners fall within that limit of 60 vacancies for GNM and 21 for Lab Technicians then only they can be continued till regularly selected candidates are made available and are so appointed. 3. Since the issue involved in these writ petition is covered by the aforesaid judgment of this Court in the case of Mahendra Singh (supra), therefore, these writ petitions are also disposed of in the same terms. 4. However, it is made clear that if the petitioners in the present writ petitions are in excess of the posts lying vacant as noticed by this Court in the aforesaid decision in Mahendra Singh's case (supra), on the principle of "last come first go" the contract of service of present petitioners may not be extended till regularly selected candidates are made available and appointed. However, if the petitioners can be accommodated within the number of vacancies available as per the said decision and communication of Principal. S.N. Medical College, Jodhpur then they can also be continued till regularly selected candidates are made available and are so appointed. 5. Accordingly, these writ petitions are disposed of.Writ Petitions Disposed of as Above. *******