Dismissed

Subhransu Kanungo v. Neelachal Ispatnigam

Orissa HC2 May 2018OJC/16688/1998

Case brief

AI extract

What is this about?

This petition challenged the discharge of a Computer Assistant appointed on a contract basis for one year. The court held that the employee had no vested right to continue service beyond the contract period. Termination served with one month’s notice as per the appointment offer was valid. The writ petition was dismissed accordingly.

What did the court decide?

The notice-cum-termination order dated 31.08.1998 was held to need no interference, and the writ petition was dismissed.

Subhransu Kanungo Vs Neelachal Ispatnigam — Service and Employment | Orissa HC (2018)

¶1

O.J.C. No.16688 of 1998

¶2

02.05.2018 The petitioner has challenged the order dated 31.8.1998 passed by the opposite party no.2-Assistant General Manager (P&A), Neelachal Ispat Nigam Limited, Bhubaneswar under Annexure-2 whereby and whereunder he has been terminated from service with effect from the closing of working day on 30^th September, 1998.

¶3

The petitioner has challenged the order of termination on the ground that several posts of Computer Assistant are lying vacant in the establishment and others have been retained, but he has been terminated from service. Hence, he has been discriminated.

¶4

Learned counsel for the opposite parties submits that the appointment of the petitioner is purely on temporary basis that to on payment of consolidated pay of Rs.2,500/per month which was made on contract basis which shall be valid initially for a period of one year from the date of reporting for duty which can be terminated by either party by giving one month’s notice.

¶5

In view thereof, it has been submitted that the petitioner has got no legal vested right to claim to be retained in service.

¶6

Heard the learned counsel for the parties and after going through the pleadings made in the writ petition, it is evident that the petitioner was appointed as Computer Assistant on a consolidated pay of Rs.2,500/- purely on contract basis valid for a period of one year which can be terminated by either party by giving one month’s notice.

¶7

The opposite party no.2 has issued the order of termination in compliance to the condition stipulated under

¶8

¶9

Clause-2 of the offer of appointment dated 18.8.1997 (Annexure-1) by giving one month’s notice i.e. 31.8.1998 with a stipulation that the petitioner will be terminated with effect from the closing of working day on 30^th September, 1998.

¶10

It is settled position of law that the persons who are being engaged on contract basis, the terms and conditions stipulated in the offer of appointment is binding upon them. The petitioner has accepted the terms and conditions to discharge the duty on contract basis which can be terminated by either party by giving one month’s notice.

¶11

In view thereof, the notice-cum-termination order dated 31.08.1998 stating therein that after completion of the period of one month i.e. w.e.f. 30.9.1998, he will be terminated from service.

¶12

It is further settled position of law that the person appointed on contract basis has no legal vested right to claim the services, since it will depend upon the terms and conditions of the offer of appointment.

¶13

In view thereof, the notice-cum-termination order dated 31.08.1998 passed by the opposite party no.2-Assistant General Manager (P&A), Neelachal Ispat Nigam Limited, Bhubaneswar under Annexure-2 needs no interference.

¶14

Accordingly, writ petition is dismissed.

¶15

………………….. S.N.Prasad,J.

¶16

Subhransu Kanungo v. Neelachal Ispatnigam

Case brief

What is this about?

What did the court decide?

Subhransu Kanungo v. Neelachal Ispatnigam

Case brief

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What did the court decide?

What the court decided

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