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K. Ragupathi vs. The State of Uttar Pradesh

Civil Appeal · 2022 INSC 558Decided 12 May 2022
Civil Appeal No. 3913 of 2022
L. Nageswara Rao · B.R. Gavai

Background

K. Ragupathi was selected through a formal recruitment process and appointed as Senior Scientific Officer on a contractual basis at Gautam Buddha University, Greater Noida, in August 2011, with his contract extended once. In August 2014 the University informed him that his contractual period had expired and asked him to complete relieving formalities. He challenged this before the Allahabad High Court, arguing it was really a punitive, mala fide termination, but the High Court dismissed his writ petition in 2018, leading to this appeal.

Decision Breakdown

The Supreme Court noted that although the University labelled the post "contractual," its own affidavit admitted that contractual employees underwent the same rigorous selection process as regular staff and received the same pay, increments, and benefits as regular employees, differing only in permanency of tenure. The appellant's performance appraisal (APAR) for the relevant year was outstanding, and the only adverse material was an administrative warning about file-noting practices, not a ground for ending his service. The Court found that his services were actually discontinued because of allegations made by the Dean, disguised as expiry of contract, and held that since he enjoyed benefits akin to a regular employee, he could not be removed without following principles of natural justice (i.e., a fair hearing/enquiry). The Court quashed the High Court's order and the termination communication, and directed reinstatement with continuity of service, but denied back wages.

Lesson Learnt

Even where an employment contract is termed "contractual," if the employer treats the employee like a regular employee in pay, benefits, and process, ending that employment for disciplinary-type reasons dressed up as "non-renewal" requires following due process and natural justice. It cannot be done merely by citing contract expiry.

Official source (sci.gov.in)View Judgment (PDF)

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