Services of contractual employee entitled to benefits of regular employee cannot be terminated without following principles of natural justice: Top Court

Noting that the services of a contractual employee who was entitled to get all the benefits of a regular could not be terminated without following the principles of natural justice, the Top Court has allowed an appeal filed by one K Ragupathi setting aside the communication of Gautam Buddha University whereby his services were discontinued.

"The appellant is directed to be reinstated with continuity in service. However, the appellant would not be entitled to any back wages", ordered a bench of Justices L Nageshwar Rao and BR Gavai.

Ragupathi was appointed as Senior Scientific Officer on contractual basis in the University on 3rd August, 2011.

Sais appointment was initially for a period of two years and Ragupathi's services were extended for another period of one year by the University vide its order dated 7th August, 2013. But, on 12th August 2014, Ragupathi was informed that the period of his contractual appointment had expired on 11th August 2014 and he was directed to complete the formalities regarding relieving from the service.

Ragupathi approached the Allahabad High Court which dismissed his writ petiton. Aggrieved thereby he approached the top court in appeal.

Relying on an the affidavit submitted by the University, it was seen by the top court that, for every vacant post, the University published an open advertisement inviting applications from all the interested candidates.

"...the appointments are made only after the candidates are selected by the Selection Committee. It is thus clear that though the nomenclature given to the appointment is contractual, candidates are required to undergo the entire selection process....", the bench noted.

Top court further found that though Ragupathi was appointed on a contractual basis, his terms and conditions were almost like a regular employee.

Also, Ragupathi's Annual Performance Assessment Report (“APAR”) during the period 2012­-13 showed his performance to be outstanding and every other parameter in his APAR was shown as excellent. With regard to his integrity, it was mentioned that there was nothing adversely reflecting his integrity.

Court further found that the impugned communication relieving Ragupathi stated that hhis contractual period has expired, but in reality, his services were discontinued on account of the allegation made against him by the Dean of the University.

Accordingly, the court held that as Ragupathi enjoyed all benefits like a regular employee, his services could not have been terminated without following the principles of natural justice.

Case Title: K. RAGUPATHI vs. THE STATE OF UTTAR PRADESH AND OTHERS