RAJANI DUBEY
Akash Nayak, S/o Shri Shyamlal Nayak – Appellant
Versus
State of Chhattisgarh, Through the Secretary, Panchayat & Gramin Vikas Vibhag – Respondent
ORDER :
1. Both these petitions under Article 226 of the Constitution of India have been filed by the petitioners for setting aside the order dated 5.5.2015 (Annexure P/1) issued by Chief Engineer, Department of Rural Engineering Services, CG, Raipur whereby their services on the post of Sub Engineer (Civil) have been terminated and for directing the respondent authorities to allow them to continue working on the said post.
2. Case of the petitioners, in brief, is that pursuant to the advertisement issued by the respondent-Department of Rural Engineering Services, CG, Raipur, the petitioners applied for the post of Sub Engineer and after due selection process, they were selected and appointed on the said post. They were working on the post of Sub Engineer (Civil) since 25.9.2013. However, all of a sudden, after 1 year and 9 months of their appointment, the Development Commissioner, Department of Rural Engineering Services, Raipur terminated their services on the ground that their educational qualification is not in accordance with the recruitment rules. Hence these petitions for the following reliefs:
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The central legal point established in the judgment is the requirement to afford an opportunity of hearing and comply with the principles of natural justice before terminating an employee's services.
The central legal point established in the judgment is the requirement to follow the principles of natural justice and conduct a departmental enquiry before terminating the services of employees. The....
The central legal point established in the judgment is the validity of degrees obtained through distance education and the recognition of universities as deemed Universities by the State authorities.
The recognition of degrees obtained through distance education and the adherence to eligibility criteria for government posts.
There is no termination order but only a relieve order is passed by the respondents on 01.02.2014 on completion of the contractual engagement period of two years.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
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