Case regarding termiantion of services
Good Afternoon sir. My name is Abhilash from Hyderabad. Iam B.A.LL.B Final student. At present Moot Court Examination is going on for us. I need your guidance for doing this problem. Here Iam giving the Brief Facts of the case:
In the state of Mangala, the appointment and service conditions of the village resource persons are governed by the state of Mangala Recruitment of Village Resource persons Act,1990. This Act laid down that the recruitment of Village Resource Persons must be made on the basis of a notification issued by the state service commission.
As there has been no such recruitment for ten years and hence to meet the immediate demand of the Village Resource Persons, some of the District Collectors recruited nearly 300 village Resource Persons by a notification displayed on the notice board of the respective District Collector's offices and they were given conditional / Contractual postings with effect from 1st June 2007.
As the things are going on like this, in furtherance of the said recruitment of village Resource Persons Act, 1990. On 1st April 2012, the Revenue Department of the State asked the Public service Commission to recruit 400 village Resource Persons including for the posts held by the candidates recruited by the said District Collectors, expressly terminating such employees from the service with effect from 1st June 2012.
Aggrieved by the action of the state government, the terminated employees moved the State Administrative Tribunal for the restoration of their services stating the orders of the state Government as illegal, arbitrary and irrational and also in violation of natural Justice. In a counter filed by the State Government, it is argued that the orders of the Said District Collectors are violation of Art.14 and 16 of the Constitution of India and hence termination is lawful. However, the Tribunal held that the termination at this juncture is illegal and their services are to be restored and recruitment must be confined to the vacancies left over after deducting the said restored vacancies.
Aggrieved by the orders of the Tribunal, the State Government filed an Appeal before the Hon’ble High Court and the High Court also confirmed the orders of the Tribunal.
In this back drop, the State Government filed an Appeal before the Hon’ble Supreme Court of India to set aside the orders passed by the High Court.
Now, the issues before the Hon’ble Supreme Court of India are:
1. Whether the State Government is justified in terminating the services of the employees as above?
2. To what relief?