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| Contractual has no right to continue unless authorities decide to extend the term or reappoint: HC | | | Early Times Report
JAMMU, Apr 3: A division bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Sindhu Sharma held that a contractual appointee has no right to the post or to continue on the post unless the authorities decide to extend the term or reappoint.
This significant order has been passed in an appeal filed by Nisha Sharma challenging the judgment passed by the Central Administrative Tribunal (CAT) Jammu Bench, Jammu whereby CAT dismissed the petition and refused to quash the advertisement notice dated 6-2-2019 issued by the respondent No.2 whereby two posts of Lady Assistant Zila Sainik Welfare Officer, one from Jammu and another from Srinagar were advertised and, at the same time, refused to issue any direction for extending the term of the petitioner who was appointed on contract basis.
The court found no error or illegality in the order of the Tribunal as the conditions of the service, relied upon by the petitioner were not mandatory in nature, more particularly when the appointment of the petitioner was contractual. The service conditions do not provide that the services of a contractual employee in all cases is liable to be extended or that it is mandatory to extend the service for a period of 12 years or till the candidate attains the age of 60 years. No law has been shown to us which provides that a contractual employee cannot be replaced by another contractual employee after the term of the contract has expired. Moreover on the expiry of the contract period if the post is advertised afresh, it is always open for the earlier contractual employee to apply which protects the right of the petitioner for seeking fresh appointment.
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