WP(C) 165(SH)/2009. Gauhati High Court
| Case Number | WP(C) 165(SH)/2009 |
| Judgement Date | June 17, 2011 |
| Court | Gauhati High Court |
In WP(C) No.165(SH) of 2009
Miss Paromita Chakraborty,
D/o- Karunamoy Chakraborty,
C/o- SB Mukherjee,
Harisabha, Laban, Shillong-4, Meghalaya.
-Versus-
-
The Union of India,
Through the Secretary,
Ministry of Home affairs, Government of India, New Delhi.
-
The Director General of Assam Rifles,
Laitkor, Shillong-10, Meghalaya.
-
The Additional Director General of Assam Rifles,
Laitkor, Shillong-10, Meghalaya.
The Chairman of the Managing Committee of the Assam Rifles Public School, Laitkor, Shillong-10, Meghalaya.
-
The Assam Rifles Public School, Laitkor, Shillong-10, Meghalaya.
-
The Principal,
Assam Rifles Public School , Laitkor, Shillong-10, Meghalaya.
-
Shri PK Rajora,
The present Principal ,
Assam Rifles Public School , Laitkor, Shillong-10, Meghalaya.
Advocates for the petitioner : Mr. S Chakraborty,
Mr. P Debnath, Mrs. E Shabong.
WP(C) No.165(SH) 2009 Page 1 of 14 WP(C) No.166(SH) 2009
…PETITIONER
...RESPONDENTS
In WP(C) No.166 (SH) of 2009
Shri Kanchan Nath,
S/o- (L) Kaliprasanna Nath,
Permanent resident of Ramkrishnanagar, District Karimganj, Assam.
Presently residing at C/o Biresh Nath, Laitumkhrah, New Colony, Shillong-3, Meghalaya.
-Versus-
-
The Union of India,
Through the Secretary,
Ministry of Home affairs, Government of India, New Delhi.
-
The Director General of Assam Rifles,
Laitkor, Shillong-10, Meghalaya.
-
The Additional Director General of Assam Rifles,
Laitkor, Shillong-10, Meghalaya.
The Chairman of the Managing Committee of the Assam Rifles Public School, Laitkor, Shillong-10, Meghalaya.
-
The Assam Rifles Public School, Laitkor, Shillong-10, Meghalaya.
-
The Principal,
Assam Rifles Public School , Laitkor, Shillong-10, Meghalaya.
-
Shri PK Rajora,
The present Principal ,
Assam Rifles Public School , Laitkor, Shillong-10, Meghalaya.
WP(C) No.165(SH) 2009 Page 2 of 14 WP(C) No.166(SH) 2009
…PETITIONER
...RESPONDENTS
Advocates for the petitioner : Mr. S Chakraborty,
Mr. P Debnath, Mrs. E Shabong.
Advocates for the respondents : Mr. SC Shyam,
Central Govt. Counsel.
Date of hearing : 11.5.2011 & 19.5.2011. Date of delivery of judgment : 17.6.2011
JUDGEMENT AND ORDER
Grievance made and relief claimed in both the writ petitions being same, those are heard together and disposed of by this common judgment and order.
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Challenge in these two writ petitions are made against the order dated 29.05.2009 issued by the respondent No. 6 whereby and whereunder the services of the petitioners have been terminated referring paragraph 2 of the contract of service agreement dated 9/14.07.2007 which is quoted hereunder for better appraisal of the case. The paragraph 2 of the service agreement is exactly same in case of both the writ petitioners and the same is quoted hereinbelow:-
WP(C) No.165(SH) 2009 Page 3 of 14 WP(C) No.166(SH) 2009
on the expiry of the period of probation. The sole judge of the satisfactory completion of the probation will be the Managing Committee of the School. The services of the First Party shall be deemed to have been automatically terminated unless the service is confirmed in writing by the Second Party at the end of the period of probation.”
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Since the services of both the petitioners are terminated during the period of probation it would be appropriate to place the facts in a nutshell.
The Principal of Assam Rifles Public School („ARPS‟ for short), Laitkor, Shillong, Meghalaya issued an advertisement inviting applications from eligible and qualified candidate for filling up posts of Post Graduate Teacher („PGT‟ for short) in English and Physics and Trained Graduate Teacher („TGT‟ for short) in Physics and Music. The applications alongwith the testimonials and a recent passport size photographs are directed to be sent to the address mentioned in the advertisement to reach on or before
15.05.2007.
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Pursuant to the aforesaid...
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