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J. J. MUNIR
Mahesh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The petitioner, a Safai Karmchari, engaged on contract by the Nagar Palika Parishad, Modi Nagar, Ghaziabad, assails the order dated 29.04.2023, determining the contract and in consequence terminating his services. The order aforesaid has been passed by the Executive Officer, Nagar Palika Parishad, Modi Nagar, Ghaziabad, and, shall hereinafter be referred to as the 'impugned order'.
2. The petitioner was appointed on the basis of a contract as a Safai Karmi (Sweeper) with the Nagar Palika Parishad, Modi Nagar, Ghaziabad, in terms of a letter of appointment dated 25.07.2006. The letter of appointment was issued by the Executive Officer, Nagar Palika Parishad, Modi Nagar, Ghaziabad (for short, 'the Nagar Palika'). The appointment as aforesaid was made in terms of Government Orders dated 26.08.2005 and 09.05.2006, after selection by a selection committee, constituted for the purpose by the District Magistrate, Ghaziabad. The letter of appointment says that the petitioner was appointed on contract as a Safai Karmi on a pay of Rs.2130/-. It was made explicit that the appointment is entirely contractual and made subject to the condition that in case the candidate's work is not
The rights of the petitioner, as a contractual employee, were governed exclusively by the terms of the contract, and the dispute arising out of the contract of service could not be determined in the ....
Public appointments must adhere to established statutory procedures, and any appointment made outside these rules is void, reinforcing the principles of equality and non-discrimination in public empl....
A termination based on misconduct, even of a temporary employee, must be preceded by a departmental enquiry to ensure procedural fairness and compliance with Article 14 of the Constitution of India.
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....
Contractual employees can be terminated based on proven misbehavior/poor performance, and the nature of engagement determines the applicability of principles of natural justice.
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