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High Court rules that when engagement was contractual so no legal right to continuation


High Court  rules that  when  engagement was contractual so no legal right to continuation
S. Sidartha Paramedical Training Institute, Sunjwan, Jammu

Jammu, Aug 22: Justice Sanjeev Kumar of the Jammu & Kashmir and Ladakh High Court has dismissed a group of petitions, ruling that the petitioners, whose contracts were terminated after their expiry, have no vested right to continuation and subsequent regularization, as claimed by them.

The said Court ruling emphasizes that the petitioners, having accepted their engagement, are deemed to have accepted the terms and conditions of the contract.

The court noted that the nature of engagement was repeatedly made clear to the petitioners, both through advertisement notifications and engagement letters. The engagement was stated to be purely contractual, with a fixed period of one year and no provision for extension or regularization.

The petitioners, who are post-graduates in various subjects, were engaged as Subject Specific Teachers ("SSTs") under the Rashtriya Madhyamik Shiksha Abhiyan ("RMSA"), now subsumed under the Smagra Siksha scheme.

They were hired for one year on a contractual basis to provide SSTs for upgraded High Schools. After the initial one-year contract ended, the government issued an order to temporarily re-hire 550 SSTs for one month, in accordance with specific dates for winter and summer zones.

This re-hiring was subject to termination on specified dates or upon provision of regular teaching staff. The petitioners challenged their termination following the re-hiring, seeking a writ of mandamus to re-hire and regularize their services.

They argued that the need for their engagement still existed but court maintains that the petitioners' engagement was contractual and that they have no legal right to continuation or regularization.


 

 


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