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RAJESH BINDAL, J. J. MUNIR
Development Commissioner – Appellant
Versus
Alok Kumar – Respondent
ORDER :
1. Order dated October 14, 2022 passed by the learned Single Judge has been challenged by filing the present intra-Court appeal.
2. It is a case in which respondent no.1, who was a regular employee working with U.P. Textile Technology Institute, Kanpur (hereinafter referred to as ‘Institute’) as a Professor, was appointed as the Director of the Indian Institute of Carpet Technology (hereinafter referred to as ‘IICT’) vide order dated November 15, 2018. It was for a period of three years or on his attaining age of 60 years, whichever is earlier. Respondent no.1 accepting the terms of the appointment, joined on the post and worked till the expiry of three years. Thereafter, vide letter dated April 1, 2022, he was granted extension for a period of six months i.e. upto September 30, 2022. A writ petition was filed in this Court for quashing the advertisement dated August 19, 2022 published for selection to the post of Director, IICT; order dated July 6, 2022 vide which direction was issued for initiating process of selection of new Director of IICT, Bhadohi; order dated July 26, 2022 vide which request was made for publishing advertisement for the post of Director, IICT in the e
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Point of Law : Gauhati University also cannot be said to be blameless in its conduct towards the appellant in the matter of appointment and release.
Contractual employees cannot be replaced without due process, particularly if complaints are involved, ensuring the principles of natural justice are followed.
In public employment, where a uniform selection process is conducted for regular posts, the arbitrary and unexplained classification of a qualified candidate for a contractual appointment, while othe....
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