SHUBHAM Vs. NAGPUR MUNICIPAL CORPORATION

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

(2.) The petitioners were appointed as contractual engineers and were given the post as Civil Engineering Assistant for a period of six months vide order dated 27.05.2019. This six months appointment of the petitioners was extended further for a period of another six months vide order dated 03.02.2020. The extended period of six months of the petitioners services, without any dispute, came to an end on 28.05.2020. Just one day before the extended period of services of the petitioners was to expire, the respondent no.1 issued an order on 27.05.2020 rejecting the proposal of granting further extension of services to the petitioners. The order of the Commissioner was communicated vide letter dated 27.05.2020 to the petitioners. It is this order which is under challenge in the present petition.

(3.) According to the petitioners, the order dated 27.05.2020 is illegal for the reason that it amounts to termination of their services which is something not permissible as per the directives issued from time to time by the Central Government as well as the State Government during the pandemic period, through which the State of Maharashtra is presently going through. However, we find from the impugned order that this is not a case of termination of services of any of the petitioners, rather this is a case wherein the respondent no.1 has refused to grant further extension in services to the petitioners. There is no directive issued by either Central Government or the State Government for extending services of contractual employees during pandemic period. The directive only pertains to the precautions to be taken before services of the contractual employees are terminated but, as stated earlier, this being not the case of termination of any service, the directives issued by the State Government and Central Government would have no application to the facts of the present case.