Ashok Kumar S/o Shri Kolu Ram v. State Of Rajasthan
2024-01-11
ARUN MONGA
body2024
DigiLaw.ai
ORDER : 1. The writ petition herein is by a contractual security guard. He had served for a period of three years with the Gram Panchayat Salariya, Panchayat Samiti Rani Station, District Pali. His services were terminated vide impugned order dated 06.09.2018 (Annexure.13) stating that due to financial inability of the Gram Panchayat, as well as, there being no requirement of services on the post in question, the services of the petitioner are being terminated. 2. I have heard the contentions of learned counsel for the petitioner vis-a-vis those of learned counsel for the respondents. 3. Concededly, the petitioner was a contractual employee and, therefore, his rights are confined within the four corners of the terms and conditions of the contract. A contractual employee cannot, as a matter of right, seek parity with an employee who is in regular employment. To that extent, he does not have protection of any service rules. Suffice for the purpose, as long as there is no violation of the terms and conditions of the contract, he cannot seek forced continuation, even if employer is unable to financially afford his services and/or otherwise his services are not required. 4. In the premise, no grounds for interference is made out. No mandamus can be issued to the respondents to continue the services of the petitioner for the reasons stated in the impugned order which are self explanatory i.e. the financial inability of the Gram Panchayat as well as there being no requirement on the post in question. 5. In the parting, I may hasten to add that, in future in case the Gram Panchayat, Salariya, Panchayat Samiti Rani Station, District Pali is in need of services on the post in question, they shall sympathetically consider the application of the petitioner, if he approaches them. 6. The writ petition is dismissed accordingly. 7. Pending application(s), if any, shall also stand disposed of.