Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Termination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Termination – Appointment of respondent No. 1 as temporary full time Lecturer on ad-hoc basis – Termination of services since performance was unsatisfactory – Challenge to – Tribunal and the Single Judge of the High Court upheld the termination, however the Division Bench set aside the same – On appeal, held: Order of termination of services is simpliciter without any stigma noticing that the work is not satisfactory – Appointment of respondent No. 1 was not on probation but, was on ad-hoc basis – Such temporary appointment pending filling up of a vacancy on regular basis does not confer any right at par with the candidate appointed on regular basis – Management had right to terminate the services during ad-hoc period on account of unsatisfactory work – Decision to arrive at the unsatisfactory work is motive and not the foundation of termination of services – Furthermore, the opinion of the Principal, does not contain any adverse comments but the comments in relation to the work of respondent No. 1 which cannot be made basis for setting aside the termination – Thus, the order by the Division Bench of the High Court not sustainable and is set aside – Maharashtra Universities Act, 1994 – s. 59. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 887 |
Petitioner | Wainganga Bahuddeshiya Vikas Sanstha Through President B.b. Karanjekar & Ors. |
Respondent | Ku. Jaya & Ors. |
SCR | [2019] 11 S.C.R. 718 |
Judgement Date | 2019-08-09 |
Case Number | 6226 |
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