Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Gau) 15910

GAUHATI HIGH COURT
Yarenjungla Longkumer, J
Avilie Nagi – Appellant
Versus
State Of Nagaland – Respondent
WP(C)/73/2024|WP(C)/52/2024

Advocates:
For the Appellants/Petitioners: Moa Jamir, M Jemu, M Solo, Manheih Konyak, T. Metsieo, Thejanuo Metha, Shisa Jamir, C. T. Jamir, Aliba Ozukum
For the Respondents: N. Angami

Contractual appointees engaged subject to regular recruitment do not acquire a vested right to continued employment or regularization; termination of such service upon the appointment of a regularly selected candidate, in accordance with the express terms of the contract, is legally valid.

Headnote:(A) Constitution of India - Art. 226 - Contractual employment - Termination of service - Petitioners appointed as Junior Soil Conservation Officers on contract basis with specific condition that services would terminate upon regular appointment through NPSC - Contract period extended multiple times with clear notification that posts were requisitioned to NPSC and incumbents would be terminated upon regular recruitment - Petitioners challenged termination alleging pressure from NGO and lack of due process - Court held that contractual appointees have no vested right to regularization or continuation and termination in accordance with contractual terms does not violate principles of natural justice - Writ petitions dismissed.

Facts of the case:
Petitioners were appointed as contractual Junior Soil Conservation Officers in 2016. Their service extensions explicitly stated that appointments were temporary, subject to regular recruitment by NPSC, and that termination would be automatic upon regular appointment. Following the announcement of NPSC results for the respective posts, the petitioners were issued termination orders. Petitioners sought reinstatement, alleging the action was taken at the behest of an NGO and arbitrary.

Findings of Court:
The court noted that the petitioners accepted the terms of their contract, which clearly stipulated the temporary nature of the tenure. Sufficient evidence was provided by the State to show that the posts were legitimately requisitioned and subsequently filled through NPSC. The court observed that the termination was a logical consequence of the contract and not an arbitrary act influenced by external pressure. The claim for regularization based on length of service was rejected.

Issues: Whether the termination of contractual employees, whose posts were filled via regular departmental recruitment, is arbitrary or violative of natural justice.

Ratio Decidendi: Contractual appointees engaged pending regular recruitment do not acquire a vested right to continue in service or seek regularization. Where the appointment order and subsequent extensions explicitly state that service will terminate upon regular selection, such termination is lawful and not subject to interference under Article 226 unless shown to be mala fide, irrational, or perverse.

Result: Petitions dismissed.

Table of Content
1. factual background regarding the termination of contractual service. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. parties' contentions regarding contractual terms and regular recruitment. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
3. court holds termination valid per contractual conditions and lack of vested rights. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34)

:JUDGMENT & ORDER (CAV):

WP(C)/52/2024 and WP(C)/73/2024 are disposed of by this common judgment as both petitions are arising out of the same cause of action.

2. The petitioners in the instant writ petitions are aggrieved by the termination order vide Notification No. SOIL/ESTT/32/2014(Pt)/985 dated 12.03.2024 by which the contract service of the petitioners was terminated w.e.f. 07.03.2024.

3. The brief facts of the case leading to the filing of the instant writ petitions as set out in the pleadings is that both the petitioners were appointed as Junior Soil Conservation Officer (JSCO) vide appointment order No. SOIL-2/ESTT-32/2014 dated 03.06.2016 on contract basis against the existing sanctioned posts under the Soil & Water Conservation Department. Their services have been extended from time to time and they have been continuously serving the Government for a period of more than 7 (seven) years, with the latest extension order dated 09.10.2023 extending their services till 30.09.2024. During the course of service of about 7 years, the petitioners had been assigned duties and responsibilities as assigned to regular employees and the petitioner in WP(C)/52/2024 was even awarded an Achievement Certificate for undergoing training organized by the Department of Soil & Water Conservation. They have been discharging their duties with utmost sincerity and dedication.

4. The petitioners have also filed a writ petition, being WP(C)/128/2023 before this Court praying for a direction to consider the case of the petitioner for regularization in terms of the O.M. dated 04.08.2008 and 11.08.2016, which is still pending for adjudication.

5. It is also stated by the petitioners that they have been allotted employment PIMS Code No. SOL01072 and SOL01084, respectively, under the establishment of the Directorate of Soil & Water Conservation, Nagaland as per the standing O.M. dated 04.03.2022. It is stated that by virtue of allotment of the PIMS Code, the petitioners’ service stands on a similar footing as a regular employee in the context of the O.M. dated 04.03.2022 as the code has been allotted after due verification and scrutiny of the employees’ credentials.

6. While they were serving as such on contract basis for 7 years, the Combined Technical Association of Nagaland (CTAN), an NGO staged a protest and agitated against the posts held by the petitioners with the demand to terminate their services. The CTAN, in their ultimatum published in the newspapers, demanded the termination of the two petitioners on or before 11.03.2024, and if not, threatened to lockdown the Directorate office.

7. Thereafter, the petitioners were served with a termination notice vide Notification dated 12.03.2024 and the reason given for the termination being the declaration of NPSC result vide notification No. NPSC/EXAM 3/2023 dated 06.03.2024.

8. The petitioners, thereafter, approached the respondent authorities for information regarding their termination and it was informed through reliable sources that a forwarding letter regarding the termination of contract service of the petitioners and the ultimatum given by CTAN had been forwarded by the Director, Directorate of Soil & Water Conservation, Nagaland to the Commissioner & Secretary of the Department of Soil & Water Conservation, Nagaland by a letter dated 01.03.2024. A perusal of the forwarding letter dated 01.03.2024 clearly revealed that the termination of the petitioners was done only at the behest of the CTAN and as such, the action taken by the respondent authorities cannot be said to be

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2026 Supreme(Online)(Gau) 15910

GAUHATI HIGH COURTYarenjungla Longkumer, JAvilie Nagi – AppellantVersusState Of Nagaland – RespondentWP(C)/73/2024|WP(C)/52/2024

Contractual appointees engaged subject to regular recruitment do not acquire a vested right to continued employment or regularization; termination of such service upon the appointment of a regularly selected candidate, in accordance with the express terms of the contract, is legally valid.

Cases Referred (1)

GAUHATI HIGH COURT
Yarenjungla Longkumer, J
Avilie Nagi – Appellant
Versus
State Of Nagaland – Respondent
WP(C)/73/2024|WP(C)/52/2024