STATE TIMES NEWS
JAMMU: Jammu & Kashmir and Ladakh High Court held that a temporary Govt servant has no right to hold the post and his or her services are liable to be terminated by giving him one month’s notice without assigning any reason either under terms of the contract providing for such termination or under the relevant statutory rules regulating terms and conditions of temporary Govt. servants. This significant judgment has been passed by Justice Sindhu Sharma in a petition filed by one Amit Sharma, seeking quashment of order No. CMO/P/ NHM/ACTT/ 1163-68 dated 06.02.2021 wherein engagement for post of X-ray Technician in Community Health Centre Mandi was cancelled. A direction was also sought to the respondents to allow petitioner to continue his duties as X-ray Technician in CHC Mandi.
During the course of hearing, counsel for petitioner submitted that the petitioner had participated in selection process, fulfilled all the conditions as raised by the respondents and now has been terminated before the expiry of the period of contract on the grounds that recruitment was against norms of NHM.
Justice Sindhu Sharma after hearing both sides observed that the fact of the matter is that there was no post of X-ray Technician available at CHC Mandi, as such, the entire process of selection was against norms of NHM. The petitioner though was thus appointed on a post against the norms of NHM, though, regular selection was held. The term of contract specifically contained that the services of the petitioner are terminable on either side by prior notice of one month, even if the notice was given then also, the respondents were well within their rights to terminate services and there would have been no change in circumstances. Justice Sindhu Sharma further observed that the right of an employer to terminate services of an employee in accordance with the terms of his employment is inherent and well recognized by law.
While dismissing the petition, Justice Sindhu Sharma observed that the period of contract for which petitioner’s services were hired stands expired on 31.03.2021 and admittedly, there was no post for CHC Mandi and also Gourav Sharma, who was earlier working at CHC Mandi was reverted back to work as X-ray Technician on the post. “In view of the peculiar facts and circumstances of the case, the relief of allowing the petitioner to continue as X-ray Technician at CHC Mandi cannot be granted, however, since the engagement of the petitioner has been terminated without giving him notice, the petitioner is entitled to salary for a period of one month of the notice period,” the Court observed.
