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Education LawSupreme Court of India

Wainganga Bahuddeshiya Vikas Sanstha Thr. President B.B. Karanjekar v. Ku. Jaya

Civil Appeal · 2019 INSC 887Decided 9 Aug 2019
Civil Appeal No. 6226 of 2019
Justice L. Nageswara Rao · Justice Hemant Gupta

Background

The respondent was appointed as a temporary, ad-hoc Lecturer in Home Economics at a college run by the appellant society, with her appointment letter explicitly stating her services could be terminated without notice if her performance was unsatisfactory. After two academic years, her services were terminated for unsatisfactory performance, and she unsuccessfully challenged this before the College Tribunal and then a Single Judge of the Bombay High Court. However, a Division Bench of the High Court (on intra-court appeal) set aside her termination, holding it was effectively "stigmatic" (casting a slur on her reputation) because it referenced a negative report from the Principal, and treating her as if she were a probationer whose probation had been deemed completed.

Decision Breakdown

The Supreme Court held that the Division Bench had gone beyond the actual scope of the dispute, since the respondent's appointment was purely ad-hoc, not a probationary appointment, and the employer had expressly reserved the right to terminate for unsatisfactory work. Relying on a line of its own precedents (including Radhey Shyam Gupta and Pavanendra Narayan Verma), the Court reiterated that terminating a temporary employee's service based on an assessment that their work was unsatisfactory is not "punitive" or stigmatic merely because an adverse opinion about their work was recorded: such an assessment is only the "motive," not the legal "foundation," for a simple termination, and does not require a full disciplinary inquiry. Finding the Principal's comments were about work performance and not misconduct or moral turpitude, the Court held the Division Bench's order was legally unsustainable, set it aside, and allowed the appeal, restoring the termination.

Lesson Learnt

An employer can validly end a temporary/ad-hoc employee's service for unsatisfactory performance, under a term reserving that right, without it being treated as a punitive "dismissal" requiring a formal disciplinary inquiry, so long as the stated reason concerns work quality, not misconduct or character, and the employee was never on formal probation with a right to be confirmed.

Wainganga Bahuddeshiya Vikas Sanstha Thr. President B.B. Karanjekar v. Ku. Jaya – Legal Case Shots | LegalAware