WP (C) No. 165 & 166 (SH) of 2009. Case: Paromita Chakraborty & Anr. Vs Union of India & Ors.. Guwahati High Court
| Case Number | WP (C) No. 165 & 166 (SH) of 2009 |
| Counsel | For Appellant: Mr. S. Chakraborty, Mr. P. Debnath and Mrs. E. Shabong, Advs. And For Respondents: Mr. SC Shyam, Central Government Counsel |
| Judges | Smti. Anima Hazarika, J. |
| Issue | J and K Registration of Societies Act; Societies Registration Act, 1860; Constitution of India - Articles 12, 14, 16, 21, 226, 311 |
| Citation | 2011 (3) GLT 600 |
| Judgement Date | June 17, 2011 |
| Court | Guwahati High Court |
Judgment:
Smti. Anima Hazarika, J.
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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:-
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If the work and conduct of the First Party during the period of probation or extended period of probation is not found satisfactory, the services of the First Party are liable to be terminated without notice during and 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 pass-port size photographs are directed to be sent to the address mentioned to reach on or before 15.05.2007.
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Pursuant to the aforesaid advertisement the petitioners being qualified and eligible for the posts of TGT (Music) and TGT (Physics) respectively were called for an interview and accordingly they have gone through selection process. They were selected and on being selected, offer of appointments were made on 10.07.2007 and 04.07.2007 respectively on probation for a period of one (1) year which, however, may be extended to two (2) years at the discretion of the Management on the terms and conditions contained in the "Deed of Service" in ARPS, Laitkor, Shillong in the scale of pay of Rs. 5500-9000/-.
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The offer of appointments so made by the management of ARPS were accepted by the petitioners and accordingly, they joined in. the school on 14.07.2007 and 09.07.2007 respectively. Thereafter the Principal of the School issued office orders dated 08.07.2008 and 09.07.2008 whereby the probationary period of the petitioners were extended till 13.07.2009 and 08.07.2009 respectively. Thereafter, the respondent No. 6 issued the termination letters on 29.05.2009 contending the petitioners' services in the institution are no longer required with effect from 30.05.2009 referring paragraph 2 of the contract of service, making it clear therein that the termination letters have the approval of the Chairman, ARPS Managing Committee and they are entitled to get one month's...
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