DIGANTA BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.J. Quadir, learned counsel for the writ appellant/writ petitioner. Also heard Mr. D. Saikia, learned senior standing counsel, Government of Assam for all the respondents, assisted by Mr. B. Gogoi, Advocate.

(2.) The writ appellant/writ petitioner before this Court has challenged the order dated 03.02.2021 passed by the learned Single Judge in Writ Petition No.8069/2018 dismissing the writ petition.

(3.) The brief facts of the case are that the writ appellant/writ petitioner was employed by the Department AUYSH, which runs as a Society, under the Department of Health and Family Welfare, Government of Assam. Vide order dated 10.09.2015, the writ appellant/writ petitioner was appointed as a Consultant (HIMS) on contractual basis for a period of one year with effect from the date of his joining. He joined the said post on 01.10.2015, which was further extended with effect from 01.10.2016 to 30.09.2017 vide order dated 26.12.2016. After the expiry of second contract, the writ appellant/writ petitioner's service was extended by order dated 12.12.2017 to another period of one year with effect from 01.10.2017 to 30.09.2018. But thereafter the writ appellant/writ petitioner's contractual term was not extended and this was because of his poor performance. The stipulated conditions in the Clause 5 and 8 of the contract are as under:-