IMPORTANT POINT
A contractual employee's rights are limited to the terms of the contract, and expiration without renewal negates any claim for continuation of service.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. P. J. Saikia, learned Senior counsel, assisted by Mr. R. S. Mishra, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Devajit Saikia, learned Advocate General, Assam, assisted by Mr. S. Borah, learned standing counsel, SSA, appearing on behalf of all the respondents.

2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, 19.06.2023, issued by the Mission Director, Axom Sarba Siksha Abhiyan Mission, Guwahati, releasing him from his contractual service on account of lapse of his contract agreement on 30.11.2022.

3. The facts, in brief, requisite for adjudication of the issues arising in the present proceeding, is noticed as under:

In pursuance of an Advertisement published in the year 2002 by the authorities of the Axom Sarba Siksha Abhiyan Mission; the petitioner had applied for recruitment against one of the posts of Finance & Accounts Officer so advertised. The petitioner on conclusion of the selection process, came to be selected and vide order, dated 28.09.2002, he was appointed as a Finance & Accounts Officer and posted at Sarba Siksha Abhiyan, Dibrugarh.

It is to be noted that the said appointment of the petitioner was so effected on contractual basis.

On his appointment being so effected; the petitioner executed an agreement with the authorities of the Axom Sarba Siksha Abhiyan Mission. The said agreement as contended in the writ petition, was for a period of 1(one) year.

It is contended that the said agreement was renewed at regular intervals and accordingly, the petitioner continued to discharge his duties as the Finance & Accounts Officer with Sarba Siksha Abhiyan, Dibrugarh. The last of such agreement between the petitioner and the authorities of the Axom Sarba Siksha Abhiyan Mission, was so executed on 01.02.2022, and the period of his service as extended vide the said agreement was w.e.f. 01.01.2022 to 30.11.2022.

It is further contended in the writ petition that the petitioner on receipt of the information from the Cashier that excess payment has been debited from the Bank Account of the Sarba Siksha Abhiyan, Dibrugarh; he proceeded to bring the matter to the notice of the respondent No. 4 i.e. Inspector of Schools/District Elementary Education Officer (DEEO), Dibrugarh, and the matter was, thereafter, brought to the notice of the Deputy Commissioner, Dibrugarh. The inquiry as made by the petitioner revealed that the amounts so debited, were debited from the State Bank of India Account of the Sarba Siksha Abhiyan, Dibrugarh, and transferred to the Bank Accounts maintained by one Ms. Dhanti Gogoi Saikia, who was serving as an Accountant under the respondent No. 4, herein.

The respondent No. 4 lodged an FIR on 04.05.2023, before the Officer in-charge, Dibrugarh Police Station, setting-out therein, the unauthorized debits so made from the Bank Account of the Sarba Siksha Abhiyan, Dibrugarh. On receipt of the said information; Dibrugarh P.S. Case No. 255/2023, under Sections 406/409 of the IPC, came to be so registered. In course of the investigation of the said case, said Ms. Dhanti Gogoi Saikia came to be arrested on 05.05.2023 in connection with the said police case. Thereafter, the petitioner, herein, was also detained for questioning by the police in connection with the aforesaid police case and subsequently, released. Thereafter, on 10.05.2023, the petitioner was also placed under arrest in connection with Dibrugarh P.S. Case No. 255/2023, under Sections 406/409 of IPC. The petitioner, herein, was enlarged on bail by the learned Chief Judicial Magistrate, Dibrugarh, vide order, dated 12.05.2023.

It is the contention of the petitioner, in the writ petition, that after being enlarged on bail, he continued to discharge his duties and vide a communication, dated 20.05.2023; the respondent No. 4 had required the petitioner, herein, to submit a clarification with regard to the missing of a RIDF File.