Dr. Ashoke Kumar Sharma v. Union of India & Ors.
Case brief
What is this about?
Petitioner sought payment of salary and release of arrears claiming termination of services without notice violated appointment terms. Court noted appointment was temporary and contractual with no statutory protection. Dismissed petition as petitioner lacked enforceable right to mandamus.
What did the court decide?
Writ petition dismissed; no order as to costs; no substantive relief granted.
What the court decided
W.P.A. 1788 of 2020
155 05.04.2022 BD Ct.15
Dr. Ashoke Kumar Sharma -vs-
Union of India & Ors.
Mr. Saptarshi Roy Mrs. Kakali Das Chakraborty … for the petitioner.
Ms. Sovan Mukherjee … for the respondents.
In this writ petition petitioner has prayed for payment of monthly salary and release of arrear salaries from 1st April, 2014 which according to the petitioner has been stopped after 31st March, 2014 in spite of an appointment letter dated 24th October, 1979 which has been issued in favour of the petitioner by the Secretary, Headquarters, Staff Benefit Fund Committee.
It has been contended on behalf of the petitioner by Mr. Saptarshi Roy, learned advocate, that non-payment of salary w.e.f. 1st April, 2014 is unjustified and is not tenable keeping in view of the fact that the petitioner was appointed based on the appointment letter dated 24th October, 1979 specifically wherein it has been provided that service of the petitioner is terminable at any time prior to attaining the age of 70 years on 14 days’ notice on either side. It has been argued on behalf of the petitioner that requirement of such notice as contemplated under Clause 4 of the appointment letter dated 24th October, 1979 has not been complied with while withholding the salary of the petitioner w.e.f. 1st April, 2014.
Issues for consideration
3 issues framed by the court
Whether the petitioner has an enforceable legal right to continue in service and receive salary given the temporary contractual nature of appointment.
Whether failure to issue notice as per appointment letter warrants judicial intervention via writ petition.
Whether observation of Coordinate Bench regarding possession of premises grants right to continue service.
Parties & counsel
- petitioner
Dr. Ashoke Kumar Sharma
- respondent
Union of India
Coram
Saugata Bhattacharyya
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- WPA/1788/2020
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