Vineet Kothari, J. - (1.) THE petitioners were appointed on contract basis to work as Assistant under the National Rural Health Mission Scheme funded by the Central Government and run by the respondent, Medical & Health Department of the State Government.
(2.) THE documents placed on record would show that their contract term was extended firstly up to 31.03.2013 or till the regularly selected persons are made available for such positions. This would appear from Annex. R/1 dated 13.08.2012 issued by the Mission Director, NRHM, Jaipur. The said order is quoted herein below for ready reference: - Learned counsels for the petitioners submitted that the said Scheme is still continuing even after change of the Government after Legislative Assembly Elections in the year 2013 and the petitioners are also continuously working in the said position under the interim orders granted by this Court and their services may not be dispensed with till the regularly selected candidates are made available.
(3.) THE legal position in this regard is settled that if the project or the scheme is continuing and if the respondents are in need of such persons for employing them as 'Assistants' under the said Scheme, they may extend their contractual period till the regularly selected persons are available. On the other hand, the State Government is also free to discharge the contractual employment in case the Scheme itself is closed. No documents with regard to extension of contractual term after 31.03.2013 has been placed on record by either of the parties and information whether the regular recruitment process for these positions has been held by the respondent State after 31.03.2013, or not, has not been placed on record by the respondents.;