Vineet Kothari, J. - (1.) THE petitioner has filed the present writ petition with the following prayers: It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or directions: - (i) The order Annex. P/6 dtd. 12.2.2013 passed by the respondent No. 3 may kindly be quashed and set aside with all consequential benefits. (ii) The respondents may kindly be directed to take the petitioner back on duty on the same term which was before passing of the order Annex. P/6.
(2.) THE petitioner was appointed on purely contractual and temporary basis as OPD Panjiyak vide Annex. P/2 dtd. 18.5.2011 issued by the Secretary of the Medicare Relief Society, Pilibanga, Hanumangarh. Neither there was fixed tenure appointment nor regular appointment after due selection process. The petitioner was given notice Annex. P/5 dtd. 9.2.2013 that during meeting with Sub Divisional Magistrate on 8.2.2013, some disease of the present petitioner was mentioned and therefore, he was asked to give his explanation within two days. The petitioner replied in negative vide his letter dtd. 11.2.2013 that he ha no such disease. Soon thereafter, the concerned Medical Officer Incharge of the Community Health Centre, Pilibanga discharged the petitioner from his contractual employment vide impugned order Annex. P/6 dtd. 12.2.2013. Being aggrieved by the same, the petitioner has filed the present writ petition in this Court on 7.3.2013. Upon issuance of notices, the respondents have filed reply to the writ petition and inter alia they have submitted that the petitioner was suffering from heart ailment for last so many years and was taking regular treatment at PBM Hospital and consequently, the respondents considered it appropriate to discharge the contractual employment of the petitioner, which was purely on temporary basis. No counter has been filed by the petitioner for rebutting these averments made in para iii in the reply to the ground (c) of the writ petition. Para iii) of the reply is quoted below for ready reference: iii. In reply to ground (c), it is humbly submitted that it totally wrong on the part of the petitioner to say that the wife of the petitioner was transferred by the politically motivated transfer order. The writ petition S.B.C.W. No. 6657/2012 against the transfer order dated 31.5.2012 passed by the competent authority of the department only on the ground that his husband, the present petitioner is suffering from Heart Ailment for last long time and he is taking regular treatment from PBM Hospital, Bikaner. The slips of treatment was placed on record and annexed as Annex. P/1 to aforesaid writ petition. As such contentions regarding transfer of his wife is politically motivated is totally misfounded.
(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that these are disputed questions of facts, which cannot be gone into under Article 226 of the Constitution of India. The petitioner was neither fixed tenure contractual employee nor was regularly selected employee. On account of his medical condition, if the respondents have considered it appropriate to discharge the contractual employment, no fault can be found with the same. No medical evidence has been led by the petitioner even for prima facie satisfaction of this Court that he was not suffering from any disease as contended by him in his letter dtd. 11.2.2013. The writ petition, therefore, deserves to be dismissed.;