No Inherent Right to Continue: Jammu and Kashmir High Court Denies Relief to Contractual Doctor Seeking Service Extension Following the Closure of COVID Hospitals

Case: Aabid Rashid Vs Union Territory of Jammu And Kashmir

Coram: Justice MA Chowdhary

Case No.: WP(C) No. 1015/2023

Court Observation: “The contractual employment has no vested right to continue and it is not open for the Courts to direct an employer to continue the contract or to change the status of the contractual employment in any manner, once the same has been accepted by consent of both the sides without any demur”.

“The theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It cannot also be said that the State has held out any promise while engaging these persons either to continue them where they are, or to make them permanent, as the State cannot constitutionally make such a promise”

“Once the Government has decided to close down the temporary hospitals, established in view of emergency related to Covid-19 pandemic, where the petitioners were contractually employeed, the respondents cannot be asked to continue their services as contractual employees without any work or their need”

Previous Posts

Efficient judicial functioning is jeopardized when parties are permitted to backtrack from their commitments without providing any justifiable reasons, as emphasized by the Delhi High Court

J&K High Court stresses that Section 37 of the NDPS Act must be interpreted in line with the fundamental right to life and liberty guaranteed under Article 21

Delhi High Court Orders Litigant Claiming Ownership of Territory Between Ganga and Yamuna from Agra to Gurugram to Pay ₹10,000 in Costs

Calcutta High Court states that arranging groups in the tender process with clear distinctions is acceptable; it shouldn’t be criticized just because it may not be convenient for all bidders

In cases under the Prevention of Corruption Act, the prosecution must independently prove the ‘Pendency of Official Favour,’ without relying on external support: AP High Court

Keywords

No Inherent Right to Continue