RAM LAUT Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners, who are 147 in number, had approached this Court earlier also by means of Writ Petition No. 17537 of 2004 contending therein that under the National Leprosy Eradication Programme (NLEP) launched by the Central Government with the help of the finance provided by the World Bank, the State of U.P. created a District Level Leprosy Society. The Government Medical Officers were given the responsibility for implementing the project. For the said project the Petitioners were appointed on various dates between 1993 to 1997. Admittedly these appointments were fixed term appointment on contract basis on fixed honorarium.

(2.) According to the Petitioners they have gained experience of working for large number of years under the said scheme. Because of non-extension of the scheme and financial assistance being stopped by the Government of India, the strength of workers were reduced. Therefore, subsequent to 31st March, 2004, the Petitioners were refused work.

(3.) The Petitioners, therefore, approached this Court seeking quashing of the orders by which the project itself was closed resulting in refusal of work to them. The writ petition was disposed of vide order dated 30.04.2004 after recording a finding that the Petitioners' appointment was purely contractual and therefore no relief for reinstatement could be granted. It has been further held that the Petitioners could not establish any legal/defensible right for a mandamus being issued for their regularization/continuance in service. However, observations were made in the order that since the Petitioners have now acquired expertise in eradication of leprosy and their disengagement being social problem, the Respondents may consider the plight of the Petitioners and take suitable policy decision for their absorption in any other medical or non-medical department.