Legal Question in Employment Law in India

appointments

I was appointed in a minority college in bihar which had a exclusive power to appoint and terminate without prior permission to the state gov.under bihar minority act.i was issued appointment letter for parmanent basis but governing body didnot created the post on procceding book.later the college was taken by govt.university by gov.policy.The governing body entered into a contract, with govt.univ.which contained my name as a permanent employee,before becoming a constituent unit of the gov. university.After that state gov.notified the post and absorbtion issuing notification LETTER no (25c and 181c)which cantained my name.and same hadbeen notified by university. (1)My question is can i be terminated after working for 20 years merely on the basis that creation is nil in the procceding book.what is my fault?(2)what about the validity of state gov. absorbtion notification which is still not cancelled and cannot be cancelled now as held by suprime court.(3)validity of university absorbtion notification?(4)validity of the contract entered into by governig body of the college with university,in which my name was stated as permanent employee by governigbody though they didnot created my post on prpcceding book?please do help me.


Asked on 9/01/08, 3:52 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: appointments

If your name was included in the list of college employees at the time the college was "taken over" by the Government, you will be treated as a Government employee after "take over".

The subsequent termination can be only as per Government rules and not on the basis of non-creation of post in the proceedings book.

I believe you had earlier also submtited a similar question with a little lesser facts. You had not mentioned that the State Goovernmetn Notification had included your name as one of the permanent employees.

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Answered on 9/01/08, 5:27 pm


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