A temporary employee is entitled to the same protection under Article 311(2) of the Constitution of India as permanent employees, especially against stigmatic termination without inquiry.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Mr. A.K. Baruah, learned counsel for the petitioner and also heard Mr. P.J. Phukan, learned standing counsel, Gauhati University, appearing for the respondents.

2. The petitioner, namely, Shri Sasanka Saikia, has instituted this proceeding, under Article 226 of the Constitution of India, praying for following relief:-

(i) For setting aside and quashing the Notification dated 25.09.2021 bearing Memo. No GU/Estt/Notification/2021/5212 -5310 (Annexure - I),

(ii) For issuing direction to the respondent authorities to forthwith cancel/recall/rescind and/or otherwise forebear from giving effect to the impugned Notification dated 25.09.2021, bearing Memo No. GU/Estt/Notification/2021/5212 -5310 (Annexure - I) and/or,

(iii) For issuing direction to the respondent authorities to allow the petitioner to continue render his services in his respective post of 'Lower Division Assistant'.

Background facts:-

3. The background facts leading to filing of the present petition, is adumbrated herein below:-

“After a due selection process, the petitioner was appointed as a 'Lower Division Assistant' on 20.01.2016, by the Registrar, Gauhati University in the Office of the Secretary of the Gauhati University. The petitioner joined on 27.01.2016, and started discharging his duties to the utmost satisfaction of all concerned. Initially, he was appointed on contractual basis for one year. However, even after completion of one year, his services were not regularized but extended from time to time. Thereafter, the petitioner came to learn that services of fifteen similarly situated candidates who were appointed pursuant to the same advertisement dated 17.04.2012, were confirmed and permanently absorbed in their respective posts vide office order dated 01.11.2016. Then on 24.10.2016, 03.01.2017 and 25.07.2017, the petitioner had submitted his representations praying for regularization of his service. But, on 14.03.2017 and 24.07.2017, the Registrar, Gauhati University issued an order by way of which the service of the petitioner was extended. Thereafter, also the services of the petitioner was extended from time to time and not regularized. Being aggrieved, he had filed one writ petition, being W.P.(C) No. 4271 of 2018, which is pending for final adjudication.

Thereafter, the petitioner was suddenly arrested by the Chief Minister's Special Vigilance Cell on 25.09.2021, in connection with the APDCL recruitment test. A criminal case, being Vigilance P.S. Case No. 04 of 2021, was also registered against the petitioner in this regard. Then on the same day, i.e. on 25.09.2021, a notification was issued by the Registrar, Gauhati University by way of which the services of the petitioner was terminated with immediate effect. The said Notification, dated 25.09.2021, was issued without even show-causing the petitioner and without even providing an opportunity of being heard to the petitioner to present his case. The same was also never served upon him. The petitioner came to know about the same only when he tried to resume his duties. And till filing of the petition, the petitioner has not been officially communicated about his termination by the officials of the Gauhati University.

Thereafter, on 02.03.2022, the petitioner had filed an application before the State Public Information Officer, Gauhati University through a former colleague asking as to why he has not been allowed to work in the said post. But, no response has been forthcoming from the authorities. After much effort, he could able to procure the aforesaid impugned Notification dated 25.09.2021, from reliable but unofficial sources.

Thereafter, on 04.05.2022, the petitioner visited the offices of the respondent authorities to submit a representation highlighting his grievances. However, the petitioner was not allowed to enter inside the Gauhati University campus in terms of the Notification dated 25.07.2021. As such, the petitioner asked one of his former colleagues to submit the