Case Note & Summary
The petitioner, Ramchandar Ramadhar Yadav, was appointed as a Peon by the respondents, Hyderabad (Sind) National Collegiate Board and Smt. Kishinibai Sitaldas Punwani Jai Hind Academy High School & Junior College, with effect from 3rd December 1992. The appointment order stated that his appointment was temporary for a period in a clear vacancy of Shri Shejwal Shivram, who had resigned, and that after expiry of the period, his services would stand terminated without any notice. The Education Officer approved the appointment for the current academic year vide order dated 19th March 1993. The petitioner's services were terminated upon expiry of the academic year. He filed an appeal before the School Tribunal, Bombay, which was dismissed on 3rd September 1993, holding that his appointment was for one academic year and he was a temporary employee. Aggrieved, the petitioner filed the present writ petition under Article 226 of the Constitution of India. The court examined the terms of the appointment order and the approval by the Education Officer. It held that the appointment was clearly temporary for a fixed term, i.e., one academic year, and the petitioner had no right to continue beyond that period. The automatic termination upon expiry of the term was valid. The court found no merit in the petition and dismissed it.
Headnote
A) Service Law - Temporary Appointment - Fixed-Term Employment - Petitioner appointed as Peon for one academic year with effect from 3rd December 1992 - Appointment order stated 'temporary for a period of in clear vacancy' and that services shall stand terminated after expiry without notice - Education Officer approved appointment for current academic year - Held that the appointment was clearly temporary for a fixed term and the petitioner had no right to continue beyond the stipulated period (Paras 2-4).
Issue of Consideration
Whether the petitioner's appointment was temporary for one academic year and whether his services could be terminated automatically upon expiry of that period without notice.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Temporary appointment
- fixed-term employment
- automatic termination
- no right to continue
- approval for current academic year only
