IMPORTANT POINT
Termination – Mere nomenclature do not make regular appointment contractual appointment.

JUDGMENT :

B.R. GAVAI, J.

1. Delay condoned.

2. Leave granted.

3. The appellant-K. Ragupathi has approached this Court being aggrieved by the impugned order dated 23rd May 2018 passed by the High Court of Judicature at Allahabad, thereby dismissing the writ petition being Writ Appeal No. 51962 of 2014 filed by the appellant, thereby challenging the communication of the respondent No. 3 Registrar, Gautam Buddha University, Greater Noida, Uttar Pradesh (hereinafter referred to as the “said University”) dated 12th August 2014 informing the appellant that his services stands discontinued.

4. The facts in brief giving rise to the present appeal are as under:

In response to the advertisement issued by the respondent No. 3, the appellant had applied to the post of Senior Scientific Officer. After undergoing due selection process, the appellant came to be selected and appointed as Senior Scientific Officer on contractual basis in the said University vide its order dated 3rd August 2011. The said appointment was initially for a period of two years. The appellant’s services were extended for another period of one year by the said University vide its order dated 7th August 2013. However, vide communication of the said University dated 12th August 2014, the appellant was informed that the period of his contractual appointment had expired on 11th August 2014 and he was directed to complete the formalities regarding relieving from the service. Being aggrieved thereby, the appellant approached the High Court of Judicature at Allahabad by filing writ petition being Writ Appeal No. 51962 of 2014. Vide the impugned order dated 23rd May 2018, the High Court of Judicature at Allahabad dismissed the said writ petition. Hence, the present appeal.

5. We have heard the appellant-in-person and Shri Vibhav Mishra, learned counsel appearing on behalf of the respondents.

6. The appellant has submitted that he was appointed after following the due selection process, and as such, his services could not have been terminated without holding an enquiry. He further submitted that though vide communication of the said University dated 12th August 2014, the appellant has been relieved, in effect it would amount to punitive termination. He further submitted that the aforesaid communication is passed in a mala-fide manner.

7. Shri Mishra, on the contrary, submitted that the appellant’s appointment was purely contractual, and as such, the appellant did not have any right to continue in service after the expiry of the contractual period. He therefore submitted that no interference is warranted in the impugned order of the High Court of Judicature at Allahabad.

8. Shri Mishra further submitted that since the appellant was indulging into certain activities, which were detrimental to the interest of the said University, it was found that the appellant’s continuation in service was not in the interest of the said University.

9. It will be apposite to refer to the relevant part of the supplementary counter affidavit filed on behalf of the said University before the High Court of Judicature at Allahabad:

“5. That Clause (6) of the Amendment Act of 2008 substituted Section 29(1) of the Gautam Budh University Act, 2002. The amended Section 29(1) reads as under:

“(1) Every employee in the first instance shall be appointed under a written contract, which shall be lodged by the University and the copy of which shall be furnished to the employee concerned.”

6. That consequent to the aforesaid amendment made by the State of U.P. in the statute of the University, it is obligatory on the University to initially appoint employees only on contractual basis.

7. That it is also necessary to clarify at this stage that even though the University is appointing its employees on contractual basis, the method of selection and thereafter appointment of these employees is the same as that which is followed in the case of regular appointment of its employees.

8. That for every post which is vacant and whic