Only State Govt Can Decide If Services Of Particular Employee Is Required: Rajasthan HC Nixes Contractual Dental Medical Officers' Plea

Justice Vinit Kumar Mathur in its order said, " The engagement of the petitioners was purely on urgent temporary basis and extension of their engagement was done by the respondents from time to time keeping in mind the services required by the State Government. Rejecting a plea moved by Medical Officers engaged by the state government on a contractual basis whose services were terminated, the Jodhpur bench of the Rajasthan High Court ruled that it was the government's domain to decide on employment of particular person working in it. “In the present case, it is the conscious decision of the State Government to continue the services of the Medical Officers and at the same time, not to continue the services of the Medical Officer and therefore, the State is well within its right to take a decision for disengaging the services of Medical Officers which presupposes the fact that the State has come to the conclusion that the services of Medical Officers are no longer required by the State," the court added. Rejecting the argument put forth by the counsel for the petitioners, the Court observed that engagement of petitioners was purely on urgent temporary basis and the extension of their engagement was done based on the requirement of their services by the State Government who was solely competent to take that decision which could not be substituted by the Court. The Court further rejected the parity argument of the counsel for the petitioners opining that the duties performed by the Medical Officers were not similar to the duties performed by the Medical Officers and therefore, the State could take a decision to continue the engagement of former while releasing the latter whose services were no longer required.