- (1.) This writ petition has been filed by the petitioner questioning termination of his services and seeking a direction to the respondents to absorb/adjust him under the RAGIVIKA MISSION. It is inter alia indicated in the writ petition that the respondents initiated MPOWER Project, wherein, the petitioner was engaged as junior engineer w.e.f. 1.12.2015 and an agreement in this regard i.e. Annex.2 was entered into between the parties. The petitioner continued to serve under the said project, however, the said MPOWER Project came to an end w.e.f. January, 2018, however, the contract of the petitioner was extended up-to 30.6.2018. With reference to a note-sheet (Annex.10), wherein, it was indicated that the contractual employees working under MPOWER Project may be adjusted against vacancies in RGAVP as per their eligibility and requirement in RGAVP, as per RGAVP Rules, the petitioner has raised grievance, whereby, on account of transfer of the MPOWER Scheme to RAGIVIKA, contract of the petitioner has come to an end.
(2.) It is submitted by learned counsel for the petitioner that as the petitioner has already served with the respondents for over 2 and 1/2 year and the respondents have already decided to adjust the employees who had worked under the MPOWER Project against the vacancies in RGAVP RAGIVIKA Project, the respondents be directed to consider the case of the petitioner for absorption. Further submissions have been made that as the respondents claim that there is no vacancy of junior engineer (JEN) in RAGIVIKA Project, the respondents may be directed to consider the case of the petitioner against the vacancies under any other project. Learned AAG appearing for the respondents submitted that the terms of the petitioner's engagement were very clear, wherein, the petitioner was engaged in MPOWER Project and his services were confined to the said project only. Once the said project itself came to an end, the petitioner has no right to seek continuance of his employment with the respondents. Further submissions have been made that in RAGIVIKA Project, there is no post of Junior Engineer and, therefore, there is no question of adjusting the petitioner against the said position. With respect to the Minutes (Annex.10), it was submitted that even under the said Minutes, adjustment has been provided against the vacancies and requirement and once there is no vacancy, the petitioner has no right to seek enforcement of the said Minutes.
(3.) Further submissions have been made that the prayer with regard to adjusting the petitioner against any other project also cannot be countenanced, inasmuch as, the petitioner will have to compete with other similarly situated candidates for the said vacancies as and when they arise for being filled up and, therefore, the petition filed by the petitioner deserves to be dismissed. I have considered the submissions made by learned counsel for the parties and have perused the material available on record. It is not in dispute that the petitioner was engaged through agreement (Annex.2) for the MPOWER Project and that the said project has come to an end. The Minutes (Annex.10) also indicate adjustment against the vacancies based on eligibility and requirement and as admittedly there is no vacancies of JEN in RAGIVIKA Project, the claim made by the petitioner seeking to enforce the Minutes and/or the decision taken therein, cannot be accepted. ;