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| Temporary Govt employee has no right to hold the post: HC | | |
Early Times Report
Jammu, Aug 24: The Jammu & Kashmir and Ladakh High Court has held that the temporary government employee has no right to hold the post and his services are liable to be terminated by giving him one month's notice without assigning any reason.
The court also held the services can be terminated either under the terms of the contract providing for such termination or under the relevant statutory rules regulating the terms and conditions of the temporary government servants. This significant judgment was passed by Justice Sindhu Sharma in a petition filed by one Amit Sharma seeking quashment of order No. CMO/P/NHM/ACTT/1163-68 dated 06.02.2021 vide which the engagement for the post of X-ray Technician in Community Health Centre, Mandi (hereinafter referred to as, CHC) was cancelled and respondent No. 6 was reverted back to the post of X-ray Technician from CHC, Mandi to CHC, Mendhar. A direction was also sought to the respondents to allow the petitioner to continue his duties as X-ray Technician in CHC, Mandi. During the course of hearing counsel for the petitioner submitted that the petitioner had participated in the selection process and fulfilled all the conditions as raised by the respondents and now he has been terminated before the expiry of the contract period on the ground that the recruitment was against the norms of NHM, the order is thus unsustainable and is required to be set aside.
Justice Sindhu Sharma after hearing both the sides observed that the fact of the matter is that there was no post of X-ray Technician available at CHC, Mandi, as such the entire process of selection was against the norms of NHM. The petitioner though was thus appointed on a post against the norms of NHM, though, regular selection was held. The term of contract specifically contained that the services of the petitioner are terminable on either side by prior notice of one month, even if the notice was given then also, the respondents were well within their rights to terminate the services and there would have been no change in circumstances. The respondents have already terminated the engagement of the petitioner w.e.f. 06.02.2021 before he approached this Court and even the period of contract, as per the engagement letter i.e., 31.03.2021 also stands expired.
Since, there was no post available for selection in CHC, Mandi, therefore, the prayer of the petitioner to allow him to continue on the said post cannot be allowed and he is only entitled to salary for a period of one month i.e. notice period before terminating the services of petitioner.
Justice Sindhu Sharma further observed that the right of an employer to terminate the services of an employee in accordance with the terms of his employment is inherent and well recognized by law.
While dismissing the petition, Justice Sindhu Sharma observed that the period of contract for which the petitioner’s services were hired stands expired on 31.03.2021 and admittedly, there was no post for CHC, Mandi and also Gourav Sharma who was earlier working at CHC, Mandi has been reverted back to work as X-ray Technician on the said post.
In view of the peculiar facts and circumstances of the case, the relief of allowing the petitioner to continue as X-ray Technician at CHC, Mandi cannot be granted, however, since the engagement of the petitioner has been terminated without giving him notice, the petitioner is entitled to salary for a period of one month of the notice period. JNF |
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