AJOY KUMAR HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The question which falls for consideration in this writ petition is whether the termination of the contractual appointment of the petitioner can be interfered with by this Court under Article 226 of the Constitution? To answer the question, a brief narration of the facts of the case, as pleaded by the petitioner, may be in order. The petitioner was appointed to the post of Block Programme Manager under the National Rural Health Mission (NRHM) on 2.6.2007 by the respondent No. 3 on contractual basis for a period of six months from the date of joining the post. He was initially placed at the disposal of the Medical Officer-in-Charge, Block Primary Health Centre, North Guwahati. A contract was accordingly executed by him with the respondents. After the expiry of the contract period, no order was issued for extension of the contractual period till the time this writ petition was filed by the petitioner. Nevertheless, he continued to discharge his duties and responsibilities.

(2.) It would appear that the respondent No. 2 by the order dated 24.8.2009 transferred the petitioner, among others, to Boko Block Primary Health Centre, Kamrup District and directed him to join his new place of posting within 15 days with the further stipulation that the contract signed by the petitioner would remain in force. The respondent No. 3 thereafter issued the order dated 18.9.2009 directing the petitioner to hand over the charge and complete all the formalities for joining his new place of posting within 3 days from the date of issue of the order. The petitioner immediately complied with the order and joined the post.

(3.) However, much to his surprise, the respondent No. 2, without giving him an opportunity of hearing, issued the order dated 25.1.2011 terminating his services purportedly in accordance with Clause 8 and 9 of the contract to be effective after 30 days from the date issue of the order. The function of the petitioner is to prepare the agenda notes, meeting proceedings, taking follow-up actions on the decision taken in the meeting and keeping the District informed apart from monitoring each and every institutions, conducting delivery to know whether records are kept in the delivery register or not as well as delivery records on the ANM's registers, to assist and guide ASHA in each village, assist the Medical Officer-in-Charge, Block Primary Health Centre in preparation of Village Health Plan and Block Health Action Plan, etc.