Ranjan Das vs Union Of India And Ors

L. Narasimha Reddy, J

The applicant was engaged as Young Professional by the Ministry of Labour and Employment on contractual basis, for a period of one year through order dated 17.05.2016. That was renewed till 02.07.2018. Through an order dated 17.07.2018, the respondents informed the applicant that his contract is being terminated, effective 03.08.2018, on the ground that his performance after two consecutive professional extension was below the level of satisfactory. The same is challenged in the OA.

The applicant contends that though the engagement was contractual in nature and for a limited time, it was extendable by two more years and the termination on expiry of one year is contrary to law. It is also stated that the respondents did not release the emoluments for certain period.

We heard Mr. P.K. Sinha, learned counsel for the applicant and Mr. Sanjay Kumar, learned counsel for the respondents.

The engagement of the applicant as a Young Professional was for a period of one year, on contractual basis. The terms and conditions appended to the order of appointment dated 17.05.2016 make it amply clear that the contract is renewable for two more years and that it can be terminated in case the performance is not satisfactory. There is also the provision for issuance of notice of one month before the termination is effected.

The applicant could certainly have a genuine grievance, had the contract been terminated half way through. The initial appointment was in force till 16.05.2016. That was renewed up to 02.07.2018. The order of termination was passed on 17.07.2018, i.e., after the expiry of the extended period of contract. The terms and conditions also indicate that the renewal would depend upon the performance of the candidate. In the impugned order, it is stated that the performance of the applicant was rated as less than 4 after two consecutive provisional extension and accordingly, it has been decided not to extend the contract.

We do not find any merit in the OA. It is accordingly dismissed. It is, however, directed that in case the salary of the applicant for any period during which he has worked, has not been paid, the same shall be released within four weeks.

We also direct that in the experience certificate dated 21.02.2019 issued to the applicant, the last sentence, namely, Owing to his unsatisfactory work performance, his contract was terminated w.e.f. 3rd August, 2018, shall be deleted and a fresh certificate without that, shall be issued to the applicant.

There shall be no order as to costs.