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2008 Supreme(Gau) 442

IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. Nandakumar Singh, J.
Thingujam Homen Singh – Appellants
Vs.
State of Manipur and Ors. – Respondent
Decided On: 16.06.2008

Headnote:

Termination - Employment Dispute - [Sericulture Department, Government of Manipur] - [Satish Chandra Anand v. Union of India 1953 (4) SCR 655, Senior Superintendent, R.M.S, Cochin and Anr. v. K.V. Gopinath 1972 (1) LLJ 486 SC, Raj Kumar v. Union of India and Ors. AIR 1975 SC 536] - The court discussed the binding nature of the terms and conditions mentioned in the offer letter dated 04.03.1992, emphasizing the requirement of giving notice before termination and the applicability of principles of natural justice in employment termination cases. The court held that the termination of the petitioner's service was in clear violation of the terms and conditions for appointment, and the impugned termination order was set aside.

Fact of the Case:

The petitioner challenged the termination of his employment by the Director of Sericulture, Government of Manipur, citing violation of the terms and conditions mentioned in the offer letter dated 04.03.1992 and lack of opportunity to be heard.

Finding of the Court:

The court found that the termination of the petitioner's service was in clear violation of the terms and conditions for appointment, and the impugned termination order was set aside. The State respondents were directed to issue the necessary reinstatement order within four months from the date of receipt of the court's order.

Issues: Violation of terms and conditions of appointment, lack of opportunity to be heard before termination.

Ratio Decidendi: The terms and conditions mentioned in the offer letter dated 04.03.1992 are binding to both the parties, and the termination of the petitioner's service without giving notice was in violation of these terms. The court also emphasized the requirement of giving an opportunity to be heard before issuing a termination order with civil consequences.

Final Decision: The writ petition was allowed, and the impugned termination order was set aside. The State respondents were directed to issue the necessary reinstatement order within four months from the date of receipt of the court's order.

JUDGMENT

T. Nandakumar Singh, J.

1. Heard Mr. I. Lalitkumar Singh, learned senior counsel assisted by Mr. Th. Rommel Singh, learned Counsel appearing for the petitioner as well as Mr. Jallaluddin, learned Addl. Govt. Advocate appearing for the State respondents.

2. By this writ petition, the petitioner is assailing the order of the Director of Sericulture, Government of Manipur dated 31st March, 2001 terminating the services of the petitioner. A short factual panorama of the petitioner's case is that pursuant to an advertisement for appointment to 3 (three) Grade IV posts in the Directorate of Sericulture, the Director of Sericulture, Government of Manipur issued notice dated 24th February, 1992 that the DPC for filling up the posts of Grade-IV will be held from 26th to 28th February, 1992. The petitioner and others appeared before the said DPC for appointment to the said 3(three) Grade-IV posts in the Directorate of Sericulture, Government of Manipur on the dates notified in the said notice dated 24.2.1992.

3. As per materials on record, it appears that three persons including the present petitioner, had been recommended for appointment to the said 3 post of Grade-IV by the duly constituted DPC. As per the merit list of the recommended candidates, the name of the petitioner appeared at SI. No. 2 whereas the name of Shri E. Chaoba Singh appeared at SI. No. 1 and that of Shri M. Manglemba Singh appeared at SI. No. 3. After the petitioner and the said two others were duly recommended for appointment to the said 3(three) Grade IV posts in the Directorate of Sericulture, Government of Manipur, the Director of Sericulture furnished offer letters dated 04.03.1992 to the petitioner and the said two recommended candidates.

4. A copy of the offer letter dated 04.03.1992 is available at Annexure-A/2 to the present writ petition. One of the conditions in the said offer letter dated 04.03.1992 is 3(iii), which reads as follows:

(iii) The appointment may be terminated at any time by one month notice given by either side, viz. the appointees or appointing authority without assigning any reasons. The appointing authority however, reserves the right of terminating the service of the appointee forthwith of before the expiration of the stipulated period of notice by making payment to him or a sum equivalent to the pay and allowance for the period of notice or the unexpired portion thereof.

5. The said two persons, i.e. Shri E. Chaoba Singh and Shri M. Manglemba Singh, whose names appeared at SI. No. 1 and SI. No. 3 respectively in the select list, had approached this Court by filing a joint writ petition i.e. Civil Rule No. 204 of 1997 for a direction to the present State respondents to appoint them as Grade-IV employees as per the offer letters furnished by the Director of Sericulture. It is the case of the present petitioner and the said two persons that they had duly accepted the offer letters of the Director of Sericulture dated 04.03.1992.

6. The said writ petition i.e. Civil Rule No. 204 of 1997, was disposed of by this Court by passing a final judgment and order dated 13.7.1999 wherein and whereunder the State respondents had been directed that the writ petitioners should be given appointment to the posts for which offer letters of appointment were issued.

7. In compliance of the said final judgment and order of this Court dated 13.7.1999 passed in C.R. No. 204 of 1997, the Director of Sericulture, Government of Manipur issued an order being No. Seri-III-Est-23/97, Imphal dated 11th November, 1999 for. appointing the present petitioner and said two recommended candidates namely, Shri E. Chaoba Singh and Shri M. Manglemba Singh as peon-cum-chowkidar temporarily. In the said order dated 11.11.1999, the name of the petitioner appeared at SI. No. 2.

8. It is the further case of the petitioner that surprisingly, the Director of Sericulture, Government of Manipur issued the impugned order being No. SERI-III-Est-14/2000, Imphal the 31st March, 2001 for t


















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