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ABHAY S. OKA, PANKAJ MITHAL
Jagpal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Shri Parthiv K. Goswami, learned senior counsel for the petitioner and Shri Tanmaya Agarwal, learned counsel for the respondents were heard on merits.
2. Under challenge is the judgment and order dated 04.09.2017 passed by the Division Bench of the High Court whereby the Special Appeal was allowed after setting aside the judgment and order of the learned Single Judge dated 31.10.2012 allowing the Writ Petition No. 25718 of 2011.
3. The result of the impugned order is that the services of the petitioner who was appointed as the temporary Collection Peon stood terminated, notwithstanding, the subsequent promotion earned by him on the post of Collection Amin on the strength of his continued working under the interim order passed by the High Court.
4. The petitioner was appointed as a temporary Collection Peon on 01.02.1996. The appointment letter clearly stated that the services of the petitioner were purely temporary and that he could be removed without any notice. The services of the petitioner as temporary Collection Peon were terminated simpliciter vide order dated 30.11.1998 with one month’s notice and salary & allowances.
5. Aggrieved by the termination
Termination of temporary employment – Any promotion given to petitioner consequent to his continuance in service on strength of interim order would automatically fall to ground once Special Leave Pet....
The termination of a temporary employee without stigmatizing consequences does not violate Art. 311(2) of the Constitution.
The central legal point established in the judgment is the interpretation of the Constitution of India, specifically Article 14, Article 16, Article 19, and Article 226, in the context of the petitio....
A termination based on misconduct, even of a temporary employee, must be preceded by a departmental enquiry to ensure procedural fairness and compliance with Article 14 of the Constitution of India.
The legal distinction between temporary and permanent employment status is paramount, where temporary appointments do not confer permanent rights, influencing termination rights.
A termination order based on allegations of misconduct without conducting a departmental inquiry is stigmatic and punitive in nature, requiring compliance with principles of natural justice.
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