Avishek Kumar vs State Of Jharkhand And Ors

The petitioner has approached this Court with the following prayers :-

i. For quashing and setting aside the order dated 12.04.17 passed by the respondent No.3 by which the petitioner has been discharged from service by

putting to an end of his contract.

ii. For commanding upon the respondents to reinstate the petitioner in service along with all consequential benefits, in accordance with law.

iii. For direction upon the respondents to pay the salary for the intervening periods as petitioner was not gainfully employed anywhere during that

period.

As per the factual matrix, an advertisement was floated for appointment on different posts under Jharkhand Education Project for the district of

Sahebganj. Pursuant to the said advertisement, petitioner having requisite qualifications, applied for the post of Block Resource Person and after being

declared successful, he was initially appointed for the period from 01.04.2006 to 31.03.2007 on contractual basis to the post of Block Resource

Person. The period of contract was extended from time to time. As per the agreement, the services of the petitioner can be terminated, if the service

is found unsatisfactory or if his services is not required, by giving them two months’ notice. In view of the paper news regarding irregularities in

the Mid-day meal and the deteriorating condition of the schools and the children, an enquiry was conducted for which petitioner and others were made

responsible for not visiting the schools in their official capacity. The petitioner was issued termination order putting an end to his contract by giving him

show-cause notice. Service of notice was mere a formality and stand taken by the petitioner that he has no nexus with the alleged incident was not

considered at all and termination has been passed and as such he has been constrained to knock the door of this Court for redressal of his grievances.

Mr. Pankaj Kumar, learned counsel for the petitioner strenuously urges that the impugned order has been issued in gross violation of the principles of

natural justice and without following due process, impugned order of termination has been passed. Learned counsel further argues that even the show-

cause notice issued to the petitioner was mere a formality as the same has been issued after order of termination. The services being contractual in

nature was put to an end. Placing heavy reliance on several judgments of the Hon’ble Apex Court, learned Sr. Counsel laid emphasis that

termination amounts to snatching the livelihood of an employee and even in case of contractual employment which leads to civil and evil consequence,

the cardinal principle of natural justice is attracted and any order issued in complete violation of the principles of natural justice is fit to be quashed and

set aside. Learned Counsel lastly argues that the issue involved in this writ petition is now no more res integra and this writ application is squarely

covered by the order passed on 29.11.2019 by this Hon’ble Court in W.P.(S).No.4663 of 2017 and as such, this case may be disposed of in terms

of orders passed in the aforesaid case.

Per contra, counter-affidavit has been filed on behalf of the respondents. However, learned counsel appearing on behalf of the respondents very fairly

submit that issues involved in this writ petition has already been decided by this Court in W.P.(S) No.4663 of 2017 and if the case of the petitioner is

found to be same and similar to the case of the petitioners in W.P.(S) No.4663 of 2017, the present petitioner is also entitled for the same benefits.

In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the orders passed by

this Court in W.P.(S) No.4663 of 2017 and if the case of the present petitioner is found same and similar to the cases of the petitioners in W.P.(S)

No.4663 of 2017, the present petitioner is also entitled for the same benefits.

Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/ issues involved in the present writ petition vis-Ã -vis factual

aspects/ issues involved in W.P.(S) No.4663 of 2017 and if the facts/ issues involved in the present writ petition is found to be similar to the

aforementioned writ petition, the same benefits shall be extended to the present writ petitioner also, in accordance with law, within a period of 12

weeks from the date of receipt of a copy of this order.

As a sequel of the aforesaid rules, guidelines and judicial pronouncement, impugned order dated 12.04.2017 is hereby quashed and set aside and this

writ petition stands disposed of in terms of order passed in W.P.(S) No.4663 of 2017.