High Court Of ChhattisgarhWPS/5802/2018disposed off

Shivendra Pratap Singh v. The State Of Chhattisgarh

2018-09-06Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5802 of 2018

1. Shivendra Pratap Singh S/o Shri Alakhram Aged About 27 Years Occupation- Service Ex- Technical Assistant (Contract), R/o Village And Post Umeshwarpur, Thana- Premnagar, Janpad PanchayatPremnagar, Civil And Revenue District- Surajpur, Chhattisgarh.

2. Smt. Rashmi Tirkey W/o Shri Hansraj Kujur Aged About 22 Years D/o Shri Niman Vishwas Tirkey, Occupation- Service ExAccountant (Contract), Janpad Panchayat- Pratappur, Civil And Revenue District- Surajpur, Chhattisgarh.

---- Petitioners

Versus

1. The State Of Chhattisgarh Through The Secretary, Panchayat And Social Welfare Department Mahanadi Bhawan, Capital Complex Raipur, District- Raipur, Chhattisgarh.

2. Collector Surajpur, District- Surajpur, Chhattisgarh.

3. Chief Executive Officer District- Panchayat Surajpur, DistrictSurajpur, Chhattisgarh.

4. Chief Executive Officer Janpad Panchayat Pratappur, DistrictSurajpur, Chhattisgarh. ----Respondents For Petitioners :

Mr. Sumit Shrivastava, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/09/2018

1. The relief sought for by the petitioners in the instant Writ Petition is for quashment of order, whereby the petitioners' contractual employment has not been renewed by the respondents.

2. At the outset, this Court is of the opinion that it is not a case where the contract period or the contractual employment of the petitioners have been terminated half way through the contract period. It is a case where the petitioners have been permitted to perform their duties through the entire contractual period for which they were engaged. Thereafter, it is exclusively within the domain of the

respondents to decide whether renewal has to be granted to a contractual employee or not.

3. The High Court in exercise of its Writ Jurisdiction under Article 226 of the Constitution of India would not substitute itself as an agency to decide the eligibility of the petitioners for renewal.

4. The only relief which this Court can give to the petitioners are for making a suitable representation to the higher authorities for reconsidering the claim for renewal of contractual employment.

5. With the aforesaid observation, the Writ Petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved