Point of Law: Employment and Service matter – Posts of Secretary to the Vice Chancellor and Secretary to the Registrar - Conditions of services of contract employees are governed by terms of contract agreement – Termination of Contract period - Conditions of services of contract employees are governed by the terms of the contract agreement. In the present case, condition No. 7 of petitioners' appointment letters clearly provides that the employer or the employee will have to serve one month's notice in advance, in the event of discontinuation of service. Appointment letters also state that the appointed candidates can join their posts, if they accept the terms and conditions of their appointment, as provided in the appointment letters

JUDGMENT :

1. Heard Mr. B.J. Ghosh, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Senior counsel, assisted by Mr. B. Gogoi, learned counsel for the respondents.

2. The petitioners are aggrieved by the impugned letters dated 11.02.2021 issued by the Registrar of the University, informing them that their contract employment would end on 10.03.2021.

3. The petitioners' case is that in terms of the advertisement dated 05.08.2019, for filling up the posts of Secretary to the Vice Chancellor and Secretary to the Registrar, the petitioners took part in the selection process. The petitioner No. 1 was appointed as Secretary to the Registrar and the petitioner No. 2 was appointed as Secretary to the Vice Chancellor, vide appointment letters dated 04.09.2019, which contained the following terms and conditions:-

1. The appointment is purely temporary and contractual basis.

2. The consolidated salary will be Rs.25,000/- (Twenty five thousands) only per month.

3. Deductions from salary like Professional Tax etc. Will be as per existing rules.

4. Duty hours will be as per Universities Rules.

5. No over time allowance will be paid.

6. Office punctuality, decency and discipline must be strictly followed.

7. In the event of discontinuation of service, the employer or the employee, as the case may be, will have to serve one month's notice in advance.

Subject to the acceptance of the above terms and conditions of appointment, you are hereby directed to join within 15 (fifteen) days from the date of receipt of this letter."

4. The petitioners' case is that they were initially appointed on contract basis for a period of 11 months, which was subsequently extended for another period of 11 months vide office order dated 11.08.2020. The extension for the second period of 11 months was made w.e.f. 06.03.2020 in respect of the petitioner No. 1 and w.e.f. 09.08.2020 in respect of the petitioner No. 2. The 15th Executive Council also accorded its ex-post-facto approval to the appointment of the petitioners vide 15th Executive Council meeting minutes dated 17.01.2021.

5. The petitioners' counsel submits that as the petitioners' contract period have been extended for another period of 11 months till the first week of July, 2021, the respondents should not have issued the impugned notice dated 11.02.2021, terminating the petitioners' contract period w.e.f. 10.03.2021. In support of his submission that the respondents have inserted an unfair term and condition in terms of Clause-7 in the contract services of the petitioners, on the basis of their superior unfair bargaining power, the petitioners' counsel has relied upon the judgment of the Apex Court in the case of Central Inland Water Transport Corporation Limited and another Vs. Brojo Nath Ganguly and another, reported in (1986) 3 SCC 156. He also submits that this Court should exercise its equity jurisdiction and allow the petitioners to complete their contract period, as per the second extension granted to them, as only 5 months remained for completing the second extension period.

6. Mr. D. Saikia, learned Senior counsel, appearing for the respondents submits that the services of the petitioners have been terminated by invoking Clause-7 of the petitioners' appointment letters, which provides that in the event of discontinuation of service, the employer or the employee, as the case may be, will have to give one month's notice. He submits that as one month's notice had been served upon the petitioners in terms of condition No. 7 of the appointment letters, there is no infirmity with the termination of the petitioners' service. He also submits that the Executive Council of the University in its' meeting held on 08.02.2021, had given its approval for discontinuing/terminating the services of all the contractual employees, excluding the Secretary to the Comptroller, Secretary to the Deputy Registrar and the Accounts Assistant. He submits that the services of the petitioners are no longer required and