Prem Lal vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:86137
1 WP-30940-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH
th
ON THE 26 OF OCTOBER, 2026
WRIT PETITION No. 30940 of 2024
CNR No.: MPHC010639722024
PREM LAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pushpendra Kuamr Shah - Advocate for the petitioner.
Shri Aditya Parashar - Panel Lawyer for the respondents/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner challenging the order dated 13.08.2024 passed by
respondent No.2/Collector, District Khandwa, whereby the appeal preferred
by the petitioner against the order dated 05.03.2024 passed by respondent
No.3, terminating his contractual services as Gram Rojgar Sahayak, Gram
Panchayat Karpur Raiyat, Janpad Panchayat Pandhana, District Khandwa,
has been rejected. The petitioner seeks quashment of both the orders and
consequential relief.
2. Learned counsel for the petitioner submits that the impugned orders
are illegal, arbitrary and contrary to the guidelines issued by the Madhya
Pradesh State Employment Guarantee Council and the circular dated
05.10.2023 issued by the Panchayat and Rural Development Department. It
Signature Not Verified
Signed by: SHANU
RAIKWAR
Signing time: 28-10-2026
12:17:51

NEUTRAL CITATION NO. 2026:MPHC-JBP:86137
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is contended that the petitioner was not served with a charge-sheet, no

detailed departmental enquiry was conducted, and the principles of natural
justice have been violated. It is further submitted that under clause 15 of the
circular of Madhya Pradesh State Employment Guarantee Council
(Annexure P/4), the administrative control over Gram Rojgar Sahayaks vests
in the Programme Officer of the Janpad Panchayat, whereas the power to
terminate their services is vested in the District Collector. According to the
petitioner, the impugned order dated 05.03.2024 was passed by an
incompetent authority and was rightly liable to be interfered with in appeal.
Hence, this petition.
3. Per contra, learned counsel for the State, while opposing the
petition, submits that the petitioner was appointed on a contractual basis and
his engagement was subject to satisfactory performance and renewal of the
contract from year to year. It is submitted that the petitioner was issued a
series of show-cause notices on account of unauthorised absence from the
place of attachment, unsatisfactory discharge of duties and failure to achieve
the prescribed targets. In particular, a show-cause notice dated 19.01.2024
was issued to the petitioner, to which he submitted his reply dated
29.01.2024. The respondents contend that the reply was duly considered and,
upon finding the explanation unsatisfactory, the competent authority passed
the termination order dated 05.03.2024. It is further submitted that the
appellate authority independently examined the matter and by a reasoned
order dated 13.08.2024, affirmed the order dated 05.03.2024. The counsel for
the respondents/State further submits that the objection regarding
Signature Not Verified
Signed by: SHANU
RAIKWAR
Signing time: 28-10-2026
12:17:51

NEUTRAL CITATION NO. 2026:MPHC-JBP:86137
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competence of respondent No.3 is misconceived in view of the circular dated

24.07.2023 (Annexure R/1), which, authorises the Chief Executive Officer,
Zila Panchayat, to initiate disciplinary action against a Gram Rojgar
Sahayak. It is also contended that the petitioner has failed to establish the
existence of a subsisting contract of employment and therefore, cannot claim
a right to reinstatement or compel the respondents to renew his contractual
engagement.
4. Heard the learned counsel for the parties and perused the record.
5. The principal questions which arise for consideration are whether
the termination of the petitioner’s contractual engagement warrants
interference in exercise of the writ jurisdiction of this Court, whether the
procedure adopted by the respondents is contrary to the applicable
guidelines, and whether the appellate order dated 13.08.2024 suffers from
any illegality warranting interference.
6. In the present case, it is not in dispute that the petitioner was
engaged as a Gram Rojgar Sahayak on a contractual basis. Such engagement,
by itself, does not confer an indefeasible right to continue in service or to
claim automatic renewal of the contract. The terms and conditions of
appointment, the applicable scheme and guidelines, and the requirements of
fairness in administrative action govern the rights and obligations of the
parties. At the same time, the contractual nature of the appointment does not
exclude judicial review where a decision is alleged to be arbitrary, contrary
to binding instructions or violative of the principles of natural justice.
7. In the present case, the respondents have specifically pleaded that
Signature Not Verified
Signed by: SHANU
RAIKWAR
Signing time: 28-10-2026
12:17:51

NEUTRAL CITATION NO. 2026:MPHC-JBP:86137
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the petitioner was issued show-cause notices in relation to his absence from

the place of attachment and his alleged failure to discharge the assigned
duties satisfactorily. The record relied upon by the respondents includes the
show-cause notice dated 19.01.2024 and the petitioner’s reply dated
29.01.2024. Thus, the contention that no opportunity whatsoever was
afforded to the petitioner cannot be accepted merely on the basis of the
pleadings in the writ petition, particularly when the respondents have placed
the relevant correspondence on record. The material indicates that the
petitioner was called upon to explain his conduct and that his explanation
was considered before the termination order was passed.
8. In view of the aforesaid, this Court finds no sufficient ground to
interfere with the order dated 05.03.2024 passed by respondent No.3 and the
appellate order dated 13.08.2024 passed by respondent No.2.
9. Consequently, the writ petition fails and is hereby dismissed.
10. No order as to costs.
(VIVEK KUMAR SINGH)
JUDGE
Shanu

Signature Not Verified
Signed by: SHANU
RAIKWAR
Signing time: 28-10-2026
12:17:51