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Madras High CourtWMP/10060/2023dismissed

Jayesh S.Pillai v. Union Of India

2023-03-31Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

W.M.P.No.10060 of 2023 in W.P.No.10000 of 2023 V.BHAVANI SUBBAROYAN,J., The petitioners had approached this Court on 30.03.2023 seeking interim injunction restraining the respondents from discontinuing the petitioners services as Hearing Officers by stating that the Hon'ble Delhi High Court by its order dated 24.03.2023 has observed that till the next date of hearing, services of the petitioners shall not be dispensed with. According to them, they have to be given extension of time upto 28.04.2023 as per the order of the Hon'ble Delhi High Court.

2. The case of the petitioners is that the nature of work performed by the petitioners is similar to that of the work mentioned in the present applications i.e for the post of Associate Manager at Project Management Units (Ahmedabad, Mumbai, Delhi, Chennai, Kolkata and Nagpur). Per contra, the Learned Additional Solicitor General of India would submit that the applications invited in the public notice dated 21.12.2021 was for the post of Hearing Officers which was purely on contract basis and the salary for the post of Hearing Officers is Rs.90,000/- per month. On the other hand, the present notification is for a different post and the salary for the post of Associate Manager is Rs.70,000/- per month. 1/4

3. Hence, on going through the above contentions, it is clear that the post of the Petitioners are purely contractual in nature and they cannot seek any further extension which is also evident from the offer of engagement of the petitioners dated 13.04.2022 which is extracted hereunder :

"ix. No further continuation beyond the period of 31.03.2023 can be claimed."

4. In view of the above facts, this Court is not inclined to grant the interim injunction as prayed for.

5. Accordingly, this petition is dismissed.

Post the main W.P on 10.04.2023.

31.03.2023 nr Note: Issue order copy on 31.03.2023.

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V.BHAVANI SUBBAROYAN, J., nr W.M.P.No.10060 of 2023 in W.P.No.10000 of 2023 31.03.2023 4/4