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A. Y. KOGJE, SAMIR J. DAVE
Yashvanat Balaji Meshram – Appellant
Versus
Union of India – Respondent
ORDER :
A.Y. Kogje, J.
1. This petition under Articles 226 and 227 of the Constitution of India is filed against the order dated 10.11.2023 by the Central Administrative Tribunal in Original Application No.433 of 2020. By the impugned order, the Tribunal has rejected the application of the petitioner challenging the order of the respondent- department dated 03.11.2020. By the order dated 03.11.2020, the respondent- department had terminated the services of the petitioner from the post of driver cum lab attendant.
2. Learned advocate for the petitioner has submitted that the petitioner originally appointed to the post of driver in the year 2003 with the then existing National Institute of Miners’ Health (hereinafter referred to as ‘NIMH’ for short) on contractual basis pursuant to the advertisement issued for the post of driver cum lab attendant. The petitioner having succeeded in the process was given an appointment order dated 27.02.2015 to the post of driver cum lab attendant.
3. Learned advocate for the petitioner submitted that NIMH was required to undertake a process as per the Recruitment and Merit Assessment Rules, 2004. The exercise of merit assessment/ contract review by the c
The court established that adherence to merit assessment and natural justice is essential in employment termination processes.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
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....
Termination of contractual employment must adhere to principles of fairness and non-arbitrariness, ensuring equal treatment under Articles 14 and 16 of the Constitution.
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