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

4. The facts in brief giving rise to the present appeal are as under:In response to the advertisement issued by the respondent No.3, the appellant had applied to the post of Senior Scientific Officer. After undergoing due selection process, the appellant came to be selected and appointed as Senior Scientific Officer on contractual basis in the said University vide its order dated 3rd August 2011. The said appointment was initially for a period of two years. The appellants services were extended for another period of one year by the said University vide its order dated 7th August 2013. However, vide communication of the said University dated 12th August 2014, the appellant 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. Being aggrieved thereby, the appellant approached the High Court of Judicature at Allahabad by filing writ petition being Writ-A No. 51962 of 2014. Vide the impugned order dated 23rd May 2018, the High Court of Judicature at Allahabad dismissed the said writ petition. Hence, the present appeal.

Reasoning: 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.