Case Note & Summary
The case arises from the termination of a temporary lecturer and the subsequent challenge to the School Tribunal's order of reinstatement. The petitioner, Kalyan Citizens Education Society, runs a junior college at Kalyan in Thane district. For the academic year 1990-91, the college had advertised for a reserved post of teacher, seeking applications from candidates belonging to Scheduled Caste, Scheduled Tribe, and Nomadic Tribe categories. Although a suitable reserved category candidate was selected, he did not accept the appointment. Since the time to re-advertise the post was short, the college appointed respondent no.1, Miss Sunita Vilas Funde, who had also applied, as a lecturer in physics against the reserved post purely on a temporary, stop-gap basis. The appointment letter dated 24 July 1990 expressly stated that her appointment was purely temporary for the academic year 1990-91, ending on 20 April 1991. Later, the college issued a fresh advertisement for the lecturer post. After selecting a suitable candidate, the college informed respondent no.1 by notice dated 14 March 1991 that her services would not be required beyond 20 April 1991, though she would receive vacation salary. Aggrieved, respondent no.1 filed an appeal before the School Tribunal, which held that the termination was illegal. The Tribunal set aside the termination notice and directed reinstatement with continuity of service and full backwages, to be complied within 40 days. The employer then preferred a writ petition before the Bombay High Court, contending that the appointment was temporary, for a fixed term, and the termination was strictly in terms of the contract. The petitioner also highlighted that respondent no.1 was an OBC candidate, not from the reserved category for which the post was originally advertised, and that the Selection Committee had found her unsuitable for the reserved post when her application was considered. The petitioner argued that the tribunal had committed a patent error in law by ordering reinstatement of a temporary employee. The High Court, after considering the submissions, observed that the appointment letter unmistakably stipulated the temporary nature and duration of the employment. It held that a temporary appointee has no right to continue beyond the stipulated period, and termination in accordance with the appointment letter was valid. The court noted that the respondent's appointment was a purely temporary stop-gap arrangement for a specific academic session, and she had no legitimate expectation of continuance. The tribunal, therefore, could not have ordered reinstatement or backwages. Finding merit in the writ petition, the court set aside the tribunal's order, made the writ petition absolute, and imposed no costs. Thus, the High Court reiterated that a temporary employee cannot seek reinstatement once the contractual period expires and the termination is in terms of the appointment letter.
Headnote
A) Service Law - Termination of Temporary Service - Temporary Appointment Confers No Right to Continuance Beyond Stipulated Period - Not mentioned - Respondent No.1 was appointed as a temporary lecturer for the academic year 1990-91 and her services were terminated in accordance with the appointment letter. The School Tribunal had wrongly set aside the termination and ordered reinstatement with backwages. The High Court held that since the appointment was purely temporary and the termination was in terms of the contract, the tribunal's order was illegal and set it aside. (Paras 1-4)
Issue of Consideration
Whether the School Tribunal was justified in setting aside the termination of a purely temporary employee and ordering reinstatement with backwages
Final Decision
Writ Petition allowed; School Tribunal's order set aside; no order as to costs
Law Points
- A temporary appointee has no right to continue in service beyond the stipulated period
- termination of a temporary employee in accordance with the terms of appointment is legal
- reinstatement cannot be ordered when appointment was purely temporary
