Court No. - 38 Case :- WRIT - A No. - 39848 of 2010 Petitioner :- Dr. Padmawati Rai Respondent :- State Of U.P. And Others Petitioner Counsel :- R. M. Saggi Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed for a writ in the nature of mandamus
directing the respondent-authorities to consider the claim of the petitioner for
renewal for the year 2010-2011 and upto the year 2012 as District Project
Coordinator, Ghazipur. It has been contended by the petitioner that the
Central Government has flouted a scheme known as ‘Total Sanitation
Campaign’. Number of persons were appointed on a fixed pay basis of which
on 15.04.2004 term of reference was made for the post of District Project
Coordinator. Petitioner, after consideration on merits by order dated
04.07.2005 was appointed as District Programme Coordinator in the aforesaid
scheme on contract basis for eleven months. The said contract clearly
prescribed for renewal of further eleven months. An agreement was also
executed under the joint signature of the petitioner as well as the District
Panchayat Raj Officer. The term of the petitioner was extended from time to
time up to 2009. It appears that term of certain persons were not renewed,
then they approached this Court by filing a Writ Petition No.55622 of 2009.
The said writ petition was allowed finally on 23.03.2010 by imposing a cost
upon the respondents and directing them to consider the engagement of the
petitioners in that writ petition on contractual basis for the tenure as
permissible in the relevant Government Orders afresh and in accordance with
law.
The petitioner’s renewal was due on 01.06.2010, but the name of the
petitioner was placed under the agenda of the meeting held in the Office of
the District Panchayat Raj Officer, Ghazipur. A request to that effect has also
been submitted by the petitioner before the Chairman i.e. District Magistrate
and a copy of the same was also served upon the Chief Development Officer
and District Panchayat Raj Officer. It is also submitted that the work of the
petitioner is satisfactory and at no point of time any complaint whatsoever
was made by the respondents. Petitioner further submits that in spite of
bringing all the relevant factors regarding extension of next eleven months of
the term of the petitioner, the respondents have not taken any steps, although
the project will continue upto 2012. Due to the aforesaid inaction of the
respondents, petitioner is filing the present writ petition for the relief
mentioned above.
On the other hand, learned Standing Counsel has submitted that it is a contract
appointment and a person cannot claim as a matter of right that he is entitled
for renewal.
I have considered the submissions of the parties and perused the record. There
is no dispute to this effect that petitioner’s appointment / engagement is on a
contract basis under a particular scheme, but as this Court has taken into
consideration the relevant factors and has passed a positive order to this effect
that in such circumstances in case a person is appointed his claim has to be
considered for renewal in view of the continuance of the scheme. The
authorities cannot be granted free hand to pick and choose in spite of the fact
that appointment is on contract basis under a particular scheme. In view of the
agreement, the doctrine of legitimate expectation is there and it can be said
that a person have legitimate expectation of a particular treatment if any right
or promise is made by a party, either explicitly or impliedly or if regular and
consistent past practice of the authorities has given room for such expectation
in normal course.
In view of the aforesaid facts and circumstances, in my opinion, it will be
appropriate that the matter for renewal of the petitioner for the year 2010-
2011 be considered according to law by respondent No.3 within a period of
six weeks from the date of production of certified copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 14.7.2010
NS