SURJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition with the following prayers:

(2.) THE petitioner was appointed on purely contractual and temporary basis as OPD Panjiyak vide Annex. P/2 dtd. 18.5.2011 issued by the Secretary of the Medicare Relief Society, Pilibanga, Hanumangarh. Neither there was fixed tenure appointment nor regular appointment after due selection process. The petitioner was given notice Annex. P/5 dtd. 9.2.2013 that during meeting with Sub Divisional Magistrate on 8.2.2013, some disease of the present petitioner was mentioned and therefore, he was asked to give his explanation within two days. The petitioner replied in negative vide his letter dtd. 11.2.2013 that he ha no such disease. Soon thereafter, the concerned Medical Officer Incharge of the Community Health Centre, Pilibanga discharged the petitioner from his contractual employment vide impugned order Annex. P/6 dtd. 12.2.2013. Being aggrieved by the same, the petitioner has filed the present writ petition in this Court on 7.3.2013.

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that these are disputed questions of facts, which cannot be gone into under Article 226 of the Constitution of India. The petitioner was neither fixed tenure contractual employee nor was regularly selected employee. On account of his medical condition, if the respondents have considered it appropriate to discharge the contractual employment, no fault can be found with the same. No medical evidence has been led by the petitioner even for prima facie satisfaction of this Court that he was not suffering from any disease as contended by him in his letter dtd. 11.2.2013. The writ petition, therefore, deserves to be dismissed.