Back
N. UNNI KRISHNAN NAIR
Giyas Ali, S/o. Late Sunbap Ali – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Elementary Education Department – Respondent
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
A contractual employee's rights are limited to the terms of the contract, and expiration without renewal negates any claim for continuation of service.
Judicial review cannot extend to altering the terms of a contract post-expiry, and the principles of natural justice were upheld in the termination process.
The main legal point established in the judgment is that the respondents must act fairly and justly, conduct a fair inquiry, and adhere to the principles of fair-play, good conscience, and natural ju....
Mere involvement in a criminal case cannot be treated as misconduct, and the due procedure must be followed before disengaging a government servant.
Termination of contractual employment must adhere to principles of fairness and non-arbitrariness, ensuring equal treatment under Articles 14 and 16 of the Constitution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
