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BHASKAR RAJ PRADHAN
Sunita Pradhan – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - The writ petition seeks to assail the order of termination bearing O.O. No. 1484/Adm/Edn dated 25.01.2021 (the termination order) issued by the respondent no.2 terminating the petitioner's contractual service on the sole ground of unsatisfactory performance. The petitioner also seeks regularization and extension of her contractual period and other incidental reliefs.
2. The petitioner was appointed on ad-hoc basis on 04.06.2014 as post graduate teacher (commerce) on temporary basis till the end of the academic session 2014. Thereafter, on 20.02.2015, 20.02.2016, 24.02.2017 the petitioner was reappointed on temporary ad-hoc basis for fixed tenures, the last one for a period of six months from the date of her joining. Thereafter, the petitioner's ad-hoc appointment was extended on 07.08.2017 till March, 2018. The petitioner was then again temporarily engaged for two terms on ad-hoc basis on 12.02.2018 and 20.02.2019. By a general order dated 14.12.2020 the term of employment for all ad-hoc teachers (which would also include the petitioner) appointed till the academic session of 2020 was extended till 31.03.2021. However, before her contractual service
Termination of contractual service requires substantiation of claims; absence of evidence renders termination invalid.
A writ of mandamus cannot compel the regularization of a contractual employee's service unless exceptional circumstances are established, and mere unequal treatment of others does not substantiate a ....
Courts have begun to recognize the possibility of an unconscionable bargain, which could be brought about by economic duress even between the parties
Employment and Service matter – Posts of Secretary to the Vice Chancellor and Secretary to the Registrar - Conditions of services of contract employees are governed by terms of contract agreement – T....
Regularisation/absorption is not a mode of appointment, and failure to apply for regular selection can lead to dismissal of a writ petition.
The conditions of service of contract employees are governed by the terms of the contract agreement, and once accepted, cannot be challenged later.
The principle of regularisation/absorption is not a mode of appointment, and the issuance of an advertisement for regular appointments attracts talent and ensures compliance with Article 14 of the Co....
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