MRIDUL DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. B Chouhdury, the learned counsel for the petitioner and Mr. MK Das, the learned counsel appearing for respondent Nos. 2 and 3. Also heard Mr. H Gupta, learned counsel for the respondent No.1.

(2.) The case of the petitioner in brief is that he was appointed as Data Entry Operator (DEO) by the respondent No.2 vide communication dated 21.09.2012 (Annexure-P/3 series) on a consolidated wage of Rs. 10,000/- per month on contract basis for a period upto 31.07.2013 under the Food and Safety Standard Authority of India (FSSAI). The petitioner accordingly joined the post on 01.10.2012 as intimated by the respondent No.3 to the respondent No.2 vide communication dated 03.10.2012.

(3.) The appointment of the petitioner under the respondent organization is governed by the Memorandum of Agreement to be signed by each of the employee with the employer FSSAI. Accordingly, the petitioner also singed the Memorandum of Agreement. The appointment of the petitioner on expiry of the initial appointment was then renewed from time to time until the last renewal was made for 3 years w.e.f. 01.01.2015 vide Office Order dated 31.12.2014 (Annexure-P/2 series). The said Office Order also provided that the continuance of the contract appointment would be subject to evaluation of performance and conduct of the personnel on an annual basis. It also provided that the controlling officers must observe the need for continuous appraisal of their performance. Instruction for improvement wherever required may be issued by the controlling officer. In case of personnel indulging in misconduct and not performing as required, the controlling officer shall issue necessary cautionary note and a copy of such advise/displeasure note should be endorsed to the Establishment Division for records and appropriate action.