UMAKANTA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has approached this Court with the following prayer :

(2.) THE petitioner claims to have been working as a part time Lecturer in I.T.T. Choudwar from 3.1.7.1998 and lastly by order dated 2.7.2003 in Memo No. 2058, the petitioner was appointed for a period of one year on contractual basis. On the apprehension that the Principal of the College may terminate the services of the petitioner pursuant to the order of the State Administrative Tribunal in Original Application No. 1483 (C) of 2002 dated 17.7.2003, filed by Opposite Party No. 5, the petitioner has approached this Court. -

(3.) BE that as it may, the petitioner was appointed on a consolidated remuneration of Rs. 5,000/ - per month as a teaching associate in Chemistry and he executed an agreement prescribed by the Institution on the terms and conditions contained therein. The engagement was for one year or till the vacant post of Lecturer was filled up on regular basis and the appointment was terminable by giving one month notice without assigning any reason. Under Clause 7, the teaching associate would have no right or claim for regular appointment to a regular post. However, the agreement and the engagement of the petitioner has been disputed in the counter affidavit filed by the Opposite Party No. 4, the present Principal in charge of the Institute on the ground that the Principal had no right to engage the petitioner. If the petitioner was engaged for a term of one year or till the post is filled up, when the regular incumbent of the post Opposite Party No. 5 joins the post, he is to make room and vacate the post. The right is governed by the contract and the petitioner cannot claim anything more than what has been agreed to by him.