• Removal on verbal order

My wife was working as college lecturer in govt college on contract lecture as per govt guidelines on fixed salary. College principal removed her without passing any order verbally. On Jan 29. If I file cwp and claim salary Jan onwards. As per govt guidelines principal can remove but by giving justification for removal
Asked 4 years ago in Civil Law

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19 Answers

Hello,

Challenge such order of the principle in the High Court and thereafter claim reinstatement of your wife.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

you have right before cwp in high court and you should not leave without written order and your wife should go to college and mark her attendance

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Dear Sir,

You may approach Service Tribunal/High Court and you will get necessary directions to the concerned principle and also may direct him to re-instate her as Lecturer on contract basis.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Yes, no such removal on mere verbal instructions without written reason is permissible as the same would give rise to arbitrariness and mala fide actions.

2. As it appears you have already challenged such removal through writ proceeding. If that is so then you have taken the right decision towards right direction.

3. So wait till its final adjudication before which you have nothing to do.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Your wife is entitled to challenge order of removal as no reasons in writing were communicated to her

She can claim salary from January onwards

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Her termination is illegal

2. Check the terms of the contract with the Principal

3. Does the principal have right to terminate her services without giving any notice

4. You must claim unpaid salary with interest

5. Issue a legal notice

6. The termination order has to be justified by giving valid reasons

7. If no positive reply then file a Writ Petition in High Court

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

No termination can be done orally there should be reason order in writing for terminating of the services. The oral order is arbitrary and not binding, File a writ petition before the high court for reinstatement and salary for the period.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Is file a writ petition in the High Court to get direction and remover without any proper instruction please keep in your mind that any other document which is subjecting the appointment and removal from the job.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Cant remove.

Whats the CWP for ?

Anshul Chowdhary
Advocate, New Delhi
19 Answers

Not rated

What were the conditions for contractual employment?

If the conditions were breached while terminating her services?

Are the dues to her have been settled while terminating her services?

Have you issue any legal notice demanding explanation for breaching the conditions of contract?

You may consult a local advocate and proceed against the management on the basis of the merits and documentary evidences supporting your claim, if it is worth enough

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

All the terms and conditions are given in the advertisement. First read the advertisement again about the termination of the contract period.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Firstly, there must be an agreement between your wife and her college where she has been working since quite a good time.

Secondly, you give one representation to the concerned labour commissioner of your area.

Thirdly, then both the parties would be called for mediation, and if fails then he sends the same case before to the Judge.

Rest you are welcome to take any assistance in future.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) Please check the contract agreements and how many days are remaining to complete the contract.

2) check the termination clause of the contract agreement.

3) If such service is remaining in the contract you can send notice to Principal for payment to completion of contract or resume the service.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Client

Above removal is violation of legal doctrine ' audi alteram partem ' . Writ Maintainable.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File an application for early disposal of the case and bring this into the notice of the court, the court will close their opportunity of filing the reply.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The government will be represented by the government pleader, they usually take time for filing their counter or evidence, you cannot do anything about it so soon.

You have to wait for the passage of considerable time after which you can put pressure on court about this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Court generally grants 3 adjournments for respondents to file reply .

If no reply is filed court can proceed with the case and pronounce orders on basis of material on record

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Sir the court can either give him last opportunity to file reply or can decide matter without taking on record the Affidavit in Reply for state.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

judge will order to proceed with the case without considering the say of the govt as it failed to file its reply

the govt will be given chance to file its say

if it does not file say despite lapse of several dates you can make an application to proceed with the case without considering say of govt

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

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