S BALAMURUGAN Vs. DIRECTOR OF MEDICAL

JUDGEMENT

(1.) The Petitioners have approached this Court with a prayer, for issuance of a writ, in nature of certiorari, to quash the order, dated 16th February 2006, vide which, the representations filed by the Petitioners, for renewal of contract was declined.

(2.) The Petitioners, in both the writ petitions, were appointed as 'Lab Technicians' on 24.08.2002, at the District DTP Dispensary, Madurai Corporation and Government Primary Health Centre, T. Kallupatty, respectively, on contractual basis. The contract was renewed on execution of fresh agreement for one year. In view of the fact, that services of the Petitioners were not found to be satisfactory, their contract was not renewed any further.

(3.) The Petitioners approached this Court, by filing writ petition in W.P. No. 3387 of 2004 [S. Balamurugan] and W.P. No. 3388 of 2004 [Josuva Jebakumar], seeking regularization of their services. The writ petitions were dismissed, by observing that the Petitioners were appointed only on contractual basis, on fixed salary for a fixed period. That when, an employment was given in a particular scheme, the employee could not be said to have the right of regularization in service, as and when the contractual period is over, in-spite of the fact that the Petitioners put in more than 180 days or 240 days of service. The reliance in support of this finding was placed on the judgment of the Honourable Supreme Court, in the case of Executive Engineer ZP Engg. Div. and Anr. v. DigambaraRao etc., 2004 7 Supreme 302.