Kumari Sonika v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.24749 of 2022 DATE OF DECISION : 28.10.2022 Kumari Sonika

...Petitioner

versus State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Mazlish Khan, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petition herein, interalia, seeks issuance of a writ in the nature of certiorari seeking quashing of impugned notice dated 29.09.2022 (Annexure P-11), whereby contractual services of the petitioner are going to be terminated with effect from 29.10.2022, despite the fact that he has been working as Lab Technical since 03.03.2014. 2.

On advance service of copy of the petition, learned State counsel appears and under instructions from Dr. Dharmender Sandhir, SMO, General Hospital, Hisar, submits that regular incumbents are now since available, who after going through the selection process, qua which the petitioner is also at liberty to compete and in case she did not do so it was at her own peril, have been selected.

3.

I am in agreement that a contractual employee does not have a right to continue in perpetuity to continue, even if a regular appointeeafter competing in the selection post later becomes available. A contractual employee has a very limited right confined with the four corners of the contract of employment.

4.

Accordingly, no ground for interference by this Court is made out. However, the writ petition is disposed of with an expectation SHALINI BHATIA 2022.10.29 17:06 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\

that, given the length of service rendered by the petitioner on the contractual post, in case depending upon the work exigency there is any contemplation of making appointment on contractual post in question in future, the petitioner's case would be considered in accordance with law. 5.

Disposed of in above terms.

OCTOBER 28, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.10.29 17:06 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\