LAWS(P&H)-2023-12-55

KRISHAN LAL Vs. UNION OF INDIA

Decided On December 06, 2023
KRISHAN LAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents not to replace him with another contractual employee on the post of Radiographer.

(2.) The petition was filed in October' 2022. Notice of motion was issued, however, no stay was granted in favour of the petitioner. Admittedly, during the pendency of petition, the respondent has appointed another employee, who at present is working with the respondent.

(3.) The petitioner was a contractual employee and he was appointed for a period of 11 months. There was no regular post against which the petitioner was appointed. A Division Bench of this Court vide judgment dtd. 4/7/2022 in LOKESH RANA AND ANOTHER V. UNION OF INDIA AND OTHERS, LPA NO.513 OF 2022 has held that a candidate who has been appointed on contractual basis for a particular period cannot claim continuation of service. The relevant extracts of the said judgment read as:-