RAMESH BOWADE Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGE in this appeal under section 2(1) of the MP Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, is made to an order -dated 16.8.2012, passed by the writ Court in Writ Petition No. 11262/2003, whereby the petition filed by the appellant/petitioner was dismissed on the ground that he was a contract employee and not entitled for any benefit.

(2.) APPELLANT was appointed as a Salesman in the Excise Department on contract basis by an order -dated 10.1.1994. It is the case of the appellant that his name was sponsored by the Employment Exchange and after some process of selection, he was appointed as a Salesman on contract basis. Even though the initial contract was for a fixed period, but the contract continued and the appellant/petitioner worked till 5.7.1996, when on the ground of certain allegations leveled against him, his service was terminated. Inter alia contending that the termination from service is on grounds of misconduct alleged against the appellant and before terminating the service no inquiry, opportunity of hearing or principles of natural justice have been followed, challenged was made to the termination before the State Administrative Tribunal in O.A. No. 693/1996, and after winding up of the Tribunal matter was transferred to this Court and was registered as Writ Petition No. 11262/2003. The writ petition was dismissed and, therefore, this appeal.

(3.) THE writ Court found that the appellant/petitioner was a contract employee; his services were on contract basis; he was not a regular employee and, merely because by grace of the Department he was permitted to continue after the initial period of contract; no right accrues to him to seek the benefit of a permanent employee. It is found by the writ Court that he was appointed only for 89 days, but without any extension or approval by the State Government or the competent authority, he was permitted to continue and as the action is taken, there is no illegality in the matter.