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

to be filled up, the University publishes an open advertisement inviting applications from all interested candidates. Applications so received are then placed before a duly constituted Selection Committee, which holds interviews of the applicants/candidates for the various posts. It is on the basis of the recommendations made by the duly constituted Selection Committee that appointment letters appointing the employees on contractual basis are issued by the University. 9. That these employees, though technically appointed on contract, get all benefits and allowances, as per the Rules applicable. They are placed in a regular pay-scale and extended annual increments, leaves, EPF/GPF deductions/contributions and other benefits. But for permanency in tenure, their terms and conditions of appointment are identical to those of any regularly appointed candidate. 10. That it may be stated that since 2011, the University has not regularized any candidate on a teaching post. All the teaching employees are continuing on contractual basis. 11. That for considering regularization, the University is finalizing detailed guidelines. These guidelines have been approved by the Board of Management in its meeting dated 18-5-2015. These guidelines are pending approval from the Board of Governors of the University, which is its apex body. 12. That till such time as the guidelines are finally approved by the Board of Governors of the University, the University shall not be in a position to regularize any of its employees. [emphasis supplied] 10. As per the affidavit of the said University, it could thus clearly be seen that, for every vacant post, the said University publishes an open advertisement inviting applications from all the interested candidates. It would further show that 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. It could further be seen that as per the affidavit of the said University itself, though the employees are technically appointed on a contractual basis, they get all the benefits and allowances as per the Rules applicable. The affidavit would further show that even according to the said University, for permanency in tenure, their terms and conditions of appointment are identical to those of regularly appointed candidates. 11. It is thus clear that the appellant was appointed after he underwent the entire selection process. Even as per the University, though the appointment shows that it is on a contractual basis, for all the purposes, it is on a regular basis. It could thus be seen that even for the appointment on a contractual basis in the said University, a candidate is required to undergo the entire selection process. Though he is appointed on a contractual basis, his terms and conditions are almost like a regular employee. It will be relevant to note that the Annual Performance Assessment Report (for short APAR) of the appellant during the period 2012-13 show his performance to be outstanding. Every other parameter in his APAR is shown as excellent. With regard to his integrity, it is mentioned that there is nothing against the appellant adversely reflecting his integrity. It is further stated in his APAR that he enjoys a good reputation and his integrity is good. 12. It will be further relevant to refer to the counter affidavit filed before this Court on behalf of respondent Nos. 2 to 4. It is stated in paragraph (4) that the reasons for the appellant not being continued in the service are at Annexure P-9 (Page 116-120) and Annexure P-26 (Page 165-166). 13. Insofar as Annexure P-9 is concerned, it is an APAR to which we have already referred hereinabove. As such, the same cannot be a ground for non-continuation of the services of the appellant. As a matter of fact, thereafter, the appellants services have been continued for another one year vide order dated 7th August 2013. 14. Insofar as the document at Annexure P-26 is concerned, it is an administrative warning issued to the appellant by the Dean of the said University on 10th January 2014, which reads thus: Office of Dean, Planning & Research GBU-013 /Dplng/09/2014-21 Dated: 10/1/14 Administrative Warning It has been observed that you write on files simply Put up file on such and such date. You have been continuing to do this even after my several verbal communications and warning against this. This is not only against ethics and official decorum but also against administrative norms. In response to my objections you told me that you have been instructed by the finance officer and the earlier officiating registrar, Mr. Pankaj Sharma to do so. You have put this noting even on dates when I have been on leave. Photocopies of such recent notings are being attached herewith as evidence. There is also an overwriting in the date mentioned in one of the notings. All your above mentioned activities amount to gross irregularity in your work and also expose your conspirational character. This definitely makes you unfit to work on any responsible position. You are being served this warning in writing to provide you an opportunity to improve your official working and conduct. S/d Anuradha Mishra Dean P & R CC: 1. Registrar for information and record 2. PS to Honble Vice-Chancellor for information. 15. It could thus be seen that though the communication of the said University dated 12th August 2014 states that the appellants contractual period has expired, in the facts of the present case, it would reveal that his services were discontinued on account of the allegation made against him by the Dean of the said University. Since even according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee, we find that in the facts of the present case, the appellants services could not have been terminated without following the principles of natural justice. We therefore find that the present appeal deserves to be allowed on this short ground.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. As per the affidavit of the said University, it could thus clearly be seen that, for every vacant post, the said University publishes an open advertisement inviting applications from all the interested candidates. It would further show that 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. It could further be seen that as per the affidavit of the said University itself, though the employees are technically appointed on a contractual basis, they get all the benefits and allowances as per the Rules applicable. The affidavit would further show that even according to the said University, for permanency in tenure, their terms and conditions of appointment are identical to those of regularly appointed candidates.11. It is thus clear that the appellant was appointed after he underwent the entire selection process. Even as per the University, though the appointment shows that it is on a contractual basis, for all the purposes, it is on a regular basis. It could thus be seen that even for the appointment on a contractual basis in the said University, a candidate is required to undergo the entire selection process. Though he is appointed on a contractual basis, his terms and conditions are almost like a regular employee. It will be relevant to note that the Annual Performance Assessment Report (for short APAR) of the appellant during the period 2012-13 show his performance to be outstanding. Every other parameter in his APAR is shown as excellent. With regard to his integrity, it is mentioned that there is nothing against the appellant adversely reflecting his integrity. It is further stated in his APAR that he enjoys a good reputation and his integrity is good.12. It will be further relevant to refer to the counter affidavit filed before this Court on behalf of respondent Nos. 2 to 4. It is stated in paragraph (4) that the reasons for the appellant not being continued in the service are at Annexure P-9 (Page 116-120) and Annexure P-26 (Page 165-166).13. Insofar as Annexure P-9 is concerned, it is an APAR to which we have already referred hereinabove. As such, the same cannot be a ground for non-continuation of the services of the appellant. As a matter of fact, thereafter, the appellants services have been continued for another one year vide order dated 7th August 2013.15. It could thus be seen that though the communication of the said University dated 12th August 2014 states that the appellants contractual period has expired, in the facts of the present case, it would reveal that his services were discontinued on account of the allegation made against him by the Dean of the said University. Since even according to the said University, though the employment was contractual but the employee was entitled to get all the benefits of a regular employee, we find that in the facts of the present case, the appellants services could not have been terminated without following the principles of natural justice. We therefore find that the present appeal deserves to be allowed on this short ground.