MP HC | Contractual post not allowed to be continued further where post abolished by Government

Madhya Pradesh High Court: A petition was filed before the Bench of Sheel Nagu, J., where petitioner was aggrieved and alleged that post on which the petitioner was working on contractual basis under the National Rural Health Mission Scheme was abolished or declined to be continued further.

National Rural Health Mission scheme was funded 80% by the Central Government and 20% by the State Government, certain posts were created against which the petitioner was appointed.  It was further not disputed that the contractual services were extended repeatedly till the impugned decision was taken to discontinue the post from the financial year 2016-17. Meaning thereby that no administrative and budgetary sanction was available for the post held by the petitioner. Case of Shyam Kumar v. Public Health and Family Welfare Department, 2016 SCC OnLine MP 8130  was referred to.

High Court found no reason to interfere with the impugned order as the petitioner was working on a contractual basis and was given time period till his contract was over and thereafter the post was discontinued by the Government. Therefore, this petition was dismissed with the observation that as and when the future appointment of a similar nature takes place then preferential treatment would be given to the legitimate candidature of the petitioner. [Sandhya Dubey v. Union of India, 2019 SCC OnLine MP 430, Order dated 07-03-2019]

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