Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner, learned Standing Counsel as well as Sri Ravi Shanker Tewari, learned counsel for respondent no.3.
Under challenge are the orders dated 01.02.2021 passed by respondent no.2 and 22.02.2021 passed by respondent no.4, copies of which have been filed as Annexures 1 and 2 to the writ petition, whereby contractual services of the petitioner as Dentist at Community Health Centre, Harpalpur, Hardoi, have been dispensed with. The termination order states that as a regular Dentist is now available at Community Health Centre, Harpalpur, Hardoi,the contractual services of the petitioner have been dispensed with.
It is admitted by learned counsel for the petitioner that the petitioner was appointed vide order dated 16.06.2016, a copy of which is Annexure-4 to the writ petition, as a Dentist in Community Health Centre, Harpalpur, Hardoi, for a specific period. His services have been continued subsequently but now through the impugned order his services have been dispensed with.
Learned counsel for the petitioner contends that even prior to passing of the impugned orders, a recommendation was made by the Chief Medical Superintendent, District Hospital, Hardoi, to the Chief Medical Officer, Hardoi, on 04.02.2021, a copy of which is Annexure-7 to the writ petition, for attaching the petitioner to the District Hospital Hardoi as a Dentist. He thus contends that even if the termination can be said to be valid in the eyes of law yet in view of the recommendation the case of the petitioner can be considered for being appointed as Dentist in the District Hospital Hardoi.
On the other hand, Sri Ravi Shanker Tewari, learned counsel for respondent no.3, contends that as the petitioner had only been appointed for a particular Community Health Centre till a regularly selected Dentist was to be made available and now as a regularly selected candidate is available as such there cannot be any occasion for continuance of the petitioner at Community Health Centre, Harpalpur, Hardoi. He further argues that even otherwise once the appointment of the petitioner was on a contractual basis there cannot be any occasion for extension of the same once a regularly selected candidate has been made available.
Having heard learned counsel for the parties and having perused the records, what is apparent is that admittedly the petitioner was appointed as a Dentist at Community Health Centre, Harpalpur, Hardoi. The order of termination itself indicates that as a regularly selected candidate has come as such services of the petitioner are no longer required. In this view of the matter, there cannot be any occasion for continuance of the petitioner and as such the Court does not find any infirmity with the termination order dated 22.02.2021.
However, as regards the recommendation made by the Chief Medical Superintendent, Hardoi dated 04.02.2021, what the Court finds is that it is strange that the termination of the petitioner has been done vide order dated 22.02.2021 while the recommendation for his appointment as a Dentist in the Community Health Centre, Harpalpur, Hardoi, predates the termination! It is not known as to in what circumstances the said recommendation was issued. However, as the recommendation has been issued, it would be open for the competent authority to consider the same strictly in accordance with law, provided there is no legal impediment.
The writ petition is disposed off.
Order Date :- 27.7.2021 A. Katiyar