CHANDRASEKHAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rahul Kumar, the learned counsel appearing on behalf of the petitioner and Mr. Salona Mittal, the learned A.C to G.A.-I appearing on behalf of the respondent State.

(2.) This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(3.) The petitioner has preferred this writ petition for quashing the order dated 23.06.2020 whereby the service of the petitioner has been terminated. The Jharkhand State Aarogya Society for the implementation of the project namely, "Aayushman Bharat-Pradhanmantri Jan Aarogya Yojana" under the Medical, Health Education & Family Welfare Department, Government of Jharkhand issued an advertisement via Press-release for appointment of its employees on contractual basis for different posts i.e., General Manager, Senior Consultant and other professional and the said selection shall be made by way of walk-in-interview. The said press-release stated that after verification of the qualifications and experience certificate of the candidates, the selection committee shall recommend the names of the candidates for appointment according to their eligibility for the recommended posts. The said appointment shall be a contractual appointment for a period of three years with the rider that on completion of three years, review would be done of the work of the appointed persons and upon their being found to be satisfactory, their services shall be extended for the next year. The petitioner had applied for the post of Senior Consultant (Finance) and was called for interview by the committee/board of experts, by way of Annexure-2. In view of the check-list which was prepared by the verifying officers of the selection committee, marks were allotted to the petitioner for his percentage obtained in MBA and MCA and also for his years of experience and interview. The petitioner got a total of 45 marks in the said check-list, by way of Annexure-3. The said selection committee on 27.09.2019 presided by the Secretary, Medical, Health Education and Family Welfare Department prepared a post-wise selection-cum-merit list of appointment for different posts in Jharkhand State Aarogya Society. A total of 14 persons had applied for the post in which the petitioner had applied and after evaluating his qualifications and other criteria, which was required as per the advertisement, was found to be highest, he was selected for the post of Senior Consultant (Finance), by way of Annexure-4. The petitioner received the appointment letter dated 15.10.2019. In view of clause-6, it has been specifically provided that if the work of the employee/petitioner is found unsatisfactory, then after giving one month's notice his service shall be terminated. The petitioner's service was terminated vide letter dated 23.06.2020 even without completing one year.