IN THE HIGH COURT OF GAUHATI
Sanjay Kumar Medhi, J.
Bonti Saikia and Ors. – Appellants
Versus
The Union of India and Ors. –Respondents
WP(C) 7627, 7624, 7630, 7614, 7629 of 2019
Decided On : 02-11-2021
Orders of release of service of petitioners from Assam State AIDS Control Society issued by National AIDS Control Organization - Posts held by petitioners in each of cases are different, release is similarly done and therefore, grounds are almost identical in each of the cases - It is validity and legality of the said release order which arise for determination in present bunch of writ petitions - Held, Petitioners have tried to make out a case that the impugned decision is contrary to overall stand of respondents by which the institutional budget for the State of Assam is increasing from year to year, that would not be a relevant factor as the increase in the budget may be for certain fields, which according to the authorities, are required to be given importance/preference - Further, it has been held by this Court in the earlier round of litigation disposed of vide order decision regarding continuation of the contractual appointment is a matter decided by the employer wherein the Court cannot step into the shoes of the employer - It appears from records that discontinuation of the services of the petitioner is a consequence of declaring 21 numbers of posts as redundant pursuant to implement a decision for reduction of ISPM expenditure and such decision being a policy decision, based on reasons, this Court would be loath to interfere with the same – Petitions dismissed.
JUDGMENT :
Sanjay Kumar Medhi, J.
1. The issue involved in all these five writ petitions being identical, the writ petitions were heard analogously and are disposed of by this common judgment and order.
2. The subject matter of dispute in these writ petitions are orders of release of service of the petitioners from the Assam State AIDS Control Society issued by the National AIDS Control Organization. Though the posts held by the petitioners in each of the cases are different, the release is similarly done and therefore, the grounds are almost identical in each of the cases. It is the validity and legality of the said release order dated 26.09.2019 which arise for determination in the present bunch of writ petitions.
3. For better appreciation of the case projected by the rival parties and the issue to be decided, it would be convenient to put on record the facts of the respective cases in brief.
4. The petitioner in WP(C)/7614/2019, Shri Susanta Kumar Saikia was working as a Divisional Assistant under the Assam State AIDS Control Society (hereinafter ASACS). The aforesaid Society is constituted under the National AIDS Control Organization (hereinafter NACO). It is the case of the petitioner that though the initial appointment was for one year, his services were extended from time to time, and by the last extension, though was up-to 31.03.2017, the petitioner was allowed to continue till 07.09.2017, on which date an office order was passed informing that the service of the petitioner was no longer required. The aforesaid action was the subject matter of WP(C)/5689/2019 and other writ petitions wherein, this Court had initially passed an interim order. Subsequently, vide a common order dated 10.09.2019 had set aside the impugned action and had remanded the matter back to the authorities to pass a conscious order. Upon such remand, the present impugned order has been passed on 26.09.2019 releasing the petitioner.
5. Similarly, the petitioner in WP(C)/7624/2019, Shri Mintu Rongpy was initially appointed as an Assistant Director in the Society in the year 2010 which was extended from time to time. In the year 2015, a show cause notice was issued against him whereby, very little time was granted to submit the reply. This led the petitioner to file WP(C)/4867/2017 wherein, initially an interim order was passed and was subsequently disposed of by the aforesaid common order dated 10.09.2019. After such remand, the present action has been taken vide the impugned order dated 26.09.2019 discontinuing the petitioner and further holding that the post of Assistant Director (VBD) has become redundant.
6. The petitioner in WP(C)/7627/2019 Smt. Bonty Saikia had been working as Joint Director in the ASACS on contractual basis similar to the other petitioners. Her services were last extended till 31.03.2017 but allowed to continue till 07.09.2017, on which date, vide an order, the petitioner was discontinued from her service. The aforesaid order was the subject matter of challenge in various writ petitions which were disposed of vide the common order dated 10.09.2019 by which the matter was remanded to the Society. Thereafter vide the impugned order dated 26.09.2019, the petitioner has been discontinued from her services.
7. The petitioner in WP(C)/7629/2019, Shri Apurba Kalita was working as Computer Literate Steno in the ASACS. He had also challenged his initial order of termination by filing a writ petition in this Court which was disposed of by the common order dated 10.09.2019. On remand by this Court, the authorities vide the impugned order dated 26.09.2019 had discontinued the services of the petitioner and the post was itself abolished.
8. Likewise, the petitioner in WP(C)/7630/2019, Mrs. Rini Nath Bora was working as a Deputy Director in the ASACS and her appointment was extended from time to time. Her services were also discontinued which is also the subject matter of challenge in the earlier round of writ petitions which were disposed of by the
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
Contractual employment for retired officials cannot exceed five years or age of 65, based on the governing policy.
Termination of contractual employment must adhere to principles of natural justice, especially when allegations of misconduct are involved.
Contractual employees have no vested rights to employment continuity when the associated project is concluded, and termination is lawful if conducted per the contract terms.
Retrospective disengagement of long-serving contractual employee illegal if duties continued post-tenure; replacement by another contractual impermissible, entitling continuation till regular incumbe....
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