Case Note & Summary
The dispute arose from the termination of the respondent's services as a Driver in the Agriculture Department of the State Government. The respondent was engaged on a contract basis through the Jaipur Ex-Servicemen Welfare Cooperative Society Ltd. after the regular appointee, Lalu Ram Meena, was sent on deputation. Upon Meena's repatriation, the respondent was directed to hand over the vehicle to him, leading to the respondent filing S.B. Civil Writ No.7637 of 2015, seeking regularization of his services. The Single Judge of the High Court allowed the writ petition, awarding costs of Rs.25,000. The Department appealed against this decision, which was dismissed by the Division Bench of the High Court. The State Government then appealed to the Supreme Court, which found that the termination was not due to the appointment of another contractual employee but was a result of the regular appointee returning to duty. The Supreme Court set aside the High Court's order, dismissed the writ petition, and directed the State to pay an additional Rs.25,000 to the respondent. The appeal was thus allowed, and the High Court's judgment was overturned.
Headnote
A) Employment Law - Termination of Contractual Employment - Wrongful Termination - Not applicable under the circumstances - Not applicable under the Rajasthan Service Rules, 1951 - The court found that the respondent's services were not substituted by another contractual employee but were terminated due to the repatriation of a regular appointee. The High Court's acceptance of the respondent's claims was deemed erroneous, leading to the dismissal of the writ petition. Held that the appeal was allowed and the High Court's order was set aside (Paras 1-3).
Issue of Consideration
Whether the respondent's services as a Driver in the Agriculture Department were wrongfully terminated and if he was entitled to regularization.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the writ petition. Additionally, the court directed the appellant to pay Rs.25,000 to the respondent within four weeks.
Law Points
- Employment law
- Contractual employment
- Regularization of services
- Writ jurisdiction
