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SABYASACHI BHATTACHARYYA, HIRANMAY BHATTACHARYYA
Lieutenant Governor – Appellant
Versus
Antony – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - The order dated May 5, 2022 passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata (for short the Tribunal) In Original Application No. 131/2022/Port Blair and MA/44/2022 is the subject matter of challenge in the writ petitions filed by the Andaman and Nicobar Administration as well as at the instance of original applicants before the Tribunal.
2. The writ petition filed by the Andaman and Nicobar Administration (for short 'the Administration') is registered as WPCT/11/2022 while the one at the instance of the original applicants before the Tribunal is registered as WPCT/18/2022.
3. Since both the writ petitions arise out of the order passed on the Original Application filed before the Tribunal, both the writ petitions were heard analogously and are being disposed of by this common judgement and order.
4. The original applicants before the Tribunal claim to have been appointed as General Duty Medical Officer (for short 'GDMO') on contractual basis under the Directorate of Health Services, Andaman and Nicobar Administration. The original applicant No. 1 and 2 claim to have been appointed as GDMO on contractual basis on the basis of se
Ad hoc employees cannot be replaced by another ad hoc employee and can only be replaced by regularly appointed candidates.
Retrospective disengagement of long-serving contractual employee illegal if duties continued post-tenure; replacement by another contractual impermissible, entitling continuation till regular incumbe....
Point of Law : It is also a settled cannon of law that the Government has the authority and power to not only frame its policies, but also to change the same. The power of the Government, regarding h....
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
Contractual employees cannot be replaced without due process, particularly if complaints are involved, ensuring the principles of natural justice are followed.
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