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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. UNNI KRISHNAN NAIR
Goutam Kumar Bordoloi – Appellant
Versus
Union of India Rep. by Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. background facts of the writ petitions. (Para 1 , 2 , 9) |
| 2. challenge to termination notice and contractual obligations. (Para 3 , 4 , 5) |
| 3. enquiry into petitioners' employment status post-termination. (Para 6 , 10 , 12) |
| 4. government policy on tenure of contractual appointments. (Para 7 , 8 , 11) |
| 5. remuneration computation and release until specified date. (Para 13 , 14 , 15) |
| 6. final decision on remuneration and service duration. (Para 16) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. R.C. Sancheti, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate, Assam and Mr. A. Gayan, learned CGC appearing for the respondents.
2. The above noted writ petitions having involved the same issues; the same were heard together and is being disposed of by this common order.
3. The challenge in the above noted writ petitions, is being noticed as under: -
In WP(C) No. 413/2017, instituted by Dr. Surendra Kumar Saikia and Mohamad Delowar Hussain, the challenge is to orders dated 29.12.2016, by which a termination notice was issued to the petitioners that their services as Deputy Project Director, CSS-ATMA, Morigaon and Deputy Project Di
Contractual employment for retired officials cannot exceed five years or age of 65, based on the governing policy.
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.
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 the justifiability of the DDA's policy of 2018 and its impact on the employment rights of contractual employees, particularly Ex-Servicemen.
Termination orders must be communicated to be effective; failure to do so renders them invalid, affirming the statutory rights of employees to their positions and benefits.
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