The Rajasthan High Court has upheld that individuals engaged on a contractual basis through a placement agency do not possess an inherent entitlement to government employment. This conclusion was drawn with reference to the Supreme Court's ruling in the case of K.K. Suresh and Anr. v Food Corporation of India.
Furthermore, the Court also relied on the case of Ganesh Digamber Jhambhrundkar and Ors. v State of Maharashtra and Ors., where it was established that prolonged service alone does not confer contractual employees with a guaranteed right to secure permanent employment.
“We appreciate the argument of the petitioners that they have given best part of their life for the said college but so far as law is concerned, we do not find their continuous working has created any legal right in their favour to be absorbed.”
Justice Sameer Jain's bench considered a series of petitions filed by individuals appointed as contractual employees by the Government of Rajasthan through a placement agency. These petitions sought a court order compelling the government to reinstate the petitioners into service along with all associated benefits.
During the course of hearing, the court mentioned that the contractual arrangement was primarily between the government and the contractor or placement agency, which subsequently engaged the services of the petitioners. It was noted that the petitioners were considered third parties to this contract, maintaining no direct contractual relationship, as privity of contract exclusively pertained to the involved parties.
Therefore, considering the precedents mentioned above, the Court dismissed the petition.
Title: Amita Singh and Ors. v State of Rajasthan and Ors.
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