STATE OF HIMACHAL PRADESH Vs. RISHU

JUDGEMENT

(1.) The instant petition has been filed for grant of following substantive relief:

(2.) Material facts necessary for adjudication of the instant petition are that respondent was appointed as a Warder (Class-III) in the Department of Prisons and Correctional Services, Himachal Pradesh, vide Office Order No.2-4/89-Jails-II, dtd. 13/1/2015, purely on contract basis on the fixed contractual amount at the rate of Rs.7810.00 per month initially for a period of one year, on the specific terms and conditions of contract, as prescribed and approved, under the provision of Recruitment and Promotion Rules, 2013, for the post of Warder notified, vide Home Department, Government of Himachal Pradesh, Notification No.Home-B(B)2-4/94-I-Jails dtd. 31/1/2014. Thereafter, the respondent after executing a contract agreement on the prescribed terms and conditions joined at Model Central Jail, Nahan, accepting all the terms and conditions of his appointment. As per Condition No.3, of his appointment order and Condition No.1, of the contract agreement executed by him, the engagement on contract basis of the respondent be extendable on year to year basis, as per the work and conduct certificate issued by the Head of the Department on the recommendations of the Head of Office/Superintendent Jail. The respondent right from his joining on first appointment on 22/1/2015, was found habitual of absenting himself from his duty by overstaying 86 days from the sanctioned leave without prior permission of the competent authority despite the fact that he being a contract employee was entitled to limited leave, as per Rules and Condition No.4, of his appointment order.

(3.) Feeling aggrieved, the impugned judgment, dtd. 17/7/2019, passed by the learned erstwhile Administrative Tribunal, the petitioners maintained the present petition.