Prashant Deep Jain v. Chief Executive Officer

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5815 of 2018 Prashant Deep Jain S/o Shri Shanker Lal Jain, Aged About 31 Years R/o Village And Post Sidesar, Tahsil And District Kanker Chhattisgarh.

---- Petitioner

Versus

1. Chief Executive Officer Zila Panchayat Kanker District North Baster Kanker Chhattisgarh.

2. Chief Executive Officer, Janpad Panchayat , Charama, District North Baster Kanker Chhattisgarh.

----Respondents For Petitioners :

Mr. Somkant Verma, 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 petitioner in the instant Writ Petition is for quashment of order, whereby the petitioner's 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 petitioner has been terminated half way through the contract period. It is a case where the petitioner has been permitted to perform his duties through the entire contractual period for which he was 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 petitioner for renewal.

4. The only relief which this Court can give to the petitioner is 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