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BISWANATH SOMADDER, MEENAKSHI MADAN RAI
Sunita Pradhan – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Biswanath Somadder, CJ. - This appeal arises in respect of the judgment and order dated 08th March, 2022, passed by a learned Single Judge of this Court in WP (C) No. 15 of 2021 (Ms. Sunita Pradhan v. State of Sikkim and Another). By the impugned judgment and order, the learned Single Judge has been pleased to allow the writ petition - in part - while dismissing the writ petitioner's prayer for regularization and extension of her service beyond the contractual service period.
2. The instant appeal has been preferred by the writ petitioner.
3. For convenience, relevant portions of the impugned judgment and order are quoted hereinbelow:
'5. The ground for termination as above was disclosed by the respondents in the counter-affidavit. It was not reflected in the termination order. This statement was denied by the petitioner in her rejoinder, asserting that no such transfer order had been issued to her and she had therefore, continued to work in the last place of posting till she was terminated. The respondents have not denied the assertion made by the petitioner in the rejoinder. The learned Additional Advocate General admits that the respondents have not filed any record to show
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 ....
Termination of contractual service requires substantiation of claims; absence of evidence renders termination invalid.
The court upheld the termination of a contractual employee as valid, emphasizing that rights are governed by the contract terms, and principles of natural justice do not apply in the same manner to c....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Regularisation/absorption is not a mode of appointment, and failure to apply for regular selection can lead to dismissal of a writ petition.
Point of law: Contractual Employee - Order of termination of a temporary employee or a probationer or even a tenure employee, simpliciter without casting any stigma may not be interfered with by cour....
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