Supreme Court Of India
(From : AIROnline 2023 Del 1694)
Vikram Nath,
Prasanna B. Varale
, JJ
(A) Constitution of India , Art.226— Termination of services – Legality – Engagement of appellants was not sporadic or temporary in nature but was recurrent, regular, and their responsibilities were akin to those associated with sanctioned posts – Respondents had not raised any issues regarding competence or performance of appellants during their engagement – Termination letters, issued without prior notice or explanation, violated fundamental principles of natural justice – Appellants had rendered nearly two decades of dedicated service – Such long service cannot be brushed aside by labelling their initial appointments as part-time or contractual – Appellants’ long-standing satisfactory performance attested to their capability to discharge these functions – Abrupt termination of services of appellants, following dismissal of their original application before Tribunal, was arbitrary – Termination orders were set aside – Directions were issued to take back appellants on duty and to regularise their services.
AIROnline 2023 Del 1694-Reversed
(Para 10
12
14
17
28)
(B) Constitution of India , Art.226, Art.14— Regularisation of services – Claim for – Appel….
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