Decided on October 14,2020

Tabassum Ansari Appellant
State Of H.P. And Ors. Respondents


TARLOK SINGH CHAUHAN,J. - (1.)Aggrieved by the termination of her services, the petitioner has approached this Court for the grant of following substantive reliefs:-
(i) That the Annexures P-5 and P-6 may kindly be quashed and set aside.

(ii) That discontinuation of the services and contractual employment of the petitioner in pursuance of Annexures Whether reporters of the local papers may be allowed to see the judgment? yes P-5 and P-6 by the respondents may kindly be quashed and set aside.

(iii) That the respondents may kindly be ordered/directed to continue the services and contractual employment of the petitioner on same terms and conditions, till the pendency of the present writ petition, subject to the outcome of the present writ petition.

(2.)The petitioner was deployed in the office of Deputy Commissioner, District Sirmaur (Respondent No. 1), as Data Entry Operator, by the third respondent i.e. Director In-charge, National Institute of Electronics and Information Technology (for short the 'NIELIT'), on out source basis and joined as such on 05.11.2014. Thereafter, the contract was renewed from time to time and as per the latest contract executed in September, 2019 her services were to be continued up to September, 2020.
However, her contract came to be discontinued vide order dated 07.01.2020 vide Annexure P-5.

(3.)It is vehemently argued by learned counsel for the petitioner that the termination of the petitioner cannot be sustained as she had every right to continue in employment during the subsistence of the contract, which was to expire on September, 2020. Learned counsel for the petitioner further argued that the respondents had no right to terminate the contractual employment of the petitioner, that too, for want of any valid reason and being whimsical and arbitrary, the order of termination deserves to be set aside.

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