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ASHOK KUMAR GAUR
Ghamanda Ram Kherwa – Appellant
Versus
Agriculture University – Respondent
JUDGMENT
Ashok Kumar Gaur, J. - The instant petition has been filed by the petitioner with the following prayers:-
"a) declare the order dated 31.08.2019 (Annex. 14) passed by respondent No. 2, illegal, arbitrary and unjust and same may kindly be quashed and set aside
b) the respondents may kindly be directed to continue the service of the petitioner pursuant to the order dated 12/02/2019 (Annex. 9);
c) the respondents may kindly be directed to pay the due unpaid salary for the period from 14/02/2019 to 31/08/2019 as well as regular salary to the petitioner for the period he was remained out of service due to the termination order dated 31.02.2019 (Annex. 14);
d) the respondent University may kindly be directed to conduct enquiry against the respondent No. 4 to take strict action against her;"
2. The petitioner in this petition has pleaded that he was appointed as Assistant Professor in the year 1989 in the Agriculture University, Bikaner and after attaining the age of superannuation, he retired from the post of Professor (Statistics) in ICAR-AICRP on Pearl Millet, Jodhpur on 30.12.2017.
3. The petitioner has pleaded that due to work requirement of Statistician in Project Unit of ICAR-AIC
The court emphasized the need for cause notice and due procedure of law before discontinuing the services of a contractual employee.
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....
Non extension of the service contract cannot be termed as punitive in the garb of termination as there is no right vested in the petitioner to continue in the service of the respondent no. 2 on compl....
The judgment establishes the importance of contractual compliance, including the submission of mandatory qualifications and adherence to prescribed dispute resolution processes, in employment dispute....
A termination order can be deemed stigmatic if issued without proper inquiry, violating principles of natural justice, necessitating reinstatement of the affected party.
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