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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Mamata Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. facts surrounding petitioner’s contract and termination. (Para 1 , 2) |
| 2. court's observations on procedural flaws in assessment. (Para 3 , 7 , 8 , 9 , 10) |
| 3. arguments regarding erroneous evaluation of performance. (Para 4 , 5 , 6) |
| 4. legal reasoning for setting aside the impugned order. (Para 11) |
| 5. final order directing renewal of contract. (Para 12) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. Order dated 05.05.2025 passed by the State Mission Director-cum-CEO, Odisha Livelihood Mission (OLM) is under challenge in the present writ application, whereby the prayer of the petitioner for her reinstatement in the post of Block Livelihoods Coordinator-II (BLC-II) was rejected.
2. The facts of the case, briefly stated are that the Panchayati Raj Department introduced a project called Odisha Poverty Reduction Mission (TRIPTI). Pursuant to an advertisement issued for engagement of Cluster Coordinators under the said project, the petitioner submitted her candidature, was selected and appointed to work vide letter dated 15.12.2009. The project was closed on 30.06.2015 and the engagement of the petitioner and other persons similarly appointed was terminated w.e.f. 29.05.2015. 199 such aff
Contract non-renewal based on erroneous performance appraisal without opportunity to respond contravenes natural justice principles.
The authority erred by not adjudicating the validity of termination before refusing reinstatement, highlighting the necessity of due process in employment decisions.
The court emphasized the necessity for fair procedures in administrative actions affecting employment rights, quashing the termination due to violations of natural justice.
The termination of services should be made by the appointing authority, and proper opportunity of hearing must be provided before making a decision with serious implications.
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.
Violation of principles of natural justice and the need for the new incumbent to make way for the reinstated employee.
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