LAWS(DLH)-2016-11-30

RAJKUMAR PASWAN Vs. UNIVERSITY OF DELHI

Decided On November 23, 2016
Rajkumar Paswan Appellant
V/S
UNIVERSITY OF DELHI Respondents

JUDGEMENT

(1.) Petitioner has filed this writ petition under Article 226 of the Constitution of India impugning the order passed by the respondent on 10.12.2015 terminating the services of the petitioner. Petitioner also seeks the relief of reinstatement of his services with the respondent along with consequential monetary benefits.

(2.) A reading of the writ petition shows that the petitioner was appointed as a contractual employee for a contractual period. This is also found in the impugned order passed by the respondent on 10.12.2015. In fact, the order dated 10.12.2015 noted that petitioner was appointed to the post of Junior Engineer (Mechanical) but no such post existed. Admittedly, the petitioner was appointed for a contractual period which has ended on 31.3.2014. An ex-post factor approval to the engagement of the petitioner was granted for a limited contractual period from 2.1.2014 to 31.3.2014. Once a contractual employee's contractual period comes to an end,

(3.) and more so when the post itself to which the petitioner was appointed was a non-existent post, there therefore does not arise any occasion to continue such contractual appointment whose period has come to an end and, more so because even as of today there is no post of Junior Engineer (Mechanical).