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Terminated from AIIMS

Querist : Anonymous (Querist) 03 August 2011 This query is : Resolved 
I have been working at AIIMS on adhoc basis for last 12 years ,and my services had been terminated due to strained relations with the CEO and other administrative staff who get toatlly infuriated on filing contempt petition against them
They terminated my services in Nov 2010 without paying me anything for last 5 months for not extension of tenure
I have filed O.A before CAT. The cat Has only partially allowed my application with no relief for reinstatement but give directions to relase my salary due till Nov 2010
In the order the the Tribunal relied only on state of karanatka vs Uma devi in which it has stated that Applicant not appointed by the due process of selection cannot hold the post

Now my question is the other attending factotrs such as my conduct, work satisfaction etc has been overlooked
Though my appointment is on adhoc basis whether the employer can terminate me as per the whims and fancies of him?
Thay had openly victimised me and this thing has been overlooked..

Despite of this, I have left many opportunites in various govt hospitals when the matter was pending which I have not raised in my O.A.

Whether I should file the writ petition before supreme court? or challenge the order before the High Court
In such cases, is there any merits there for allowing relief

At the time of arguments, the hon'ble bench has remarked that the order is stigmatic and I shocked to hear the final order of the Hon'ble Bench

Sir personal advice, whether should continue with filing case or I should leave as I have been fighting cases for last 2.5 years agianst many irregularites
Kirti Kar Tripathi (Expert) 04 August 2011
Since you were working as an ad-hoc employee, you can not be treated at par of regular employee nor can get relief as other regular employee can get. an ad-hoc employment can be terminated at any time subject to the condition of appointment. it has nolien on the employment unless there exist any scheme of employer.
Ajay Bansal (Expert) 04 August 2011
See A.I.R. Manuals.
Querist : Anonymous (Querist) 05 August 2011
The employee made grievance before Hon'ble Bench hat he has victimised and discharged from services the hon'ble CAT bench has relied upon the State of Karntaka vs Uma devi which has been given for regularisation of employee In light of view the ratio of decidendi is applicable here as the concerned employee only wants reinstatement ?
Kirti Kar Tripathi (Expert) 06 August 2011
Please read full judgement of the State of Karntaka vs Uma devi. it is not only on regularization of services but give the entire position of law on daily rated, ad-hoc,or other employees, whose engagement was not in consonance with the rules and policy.
Querist : Anonymous (Querist) 07 August 2011
Sir, Thanks for message
Sir It means that by making use of this Judgment any employer has the power to terminate the services of the employee who is on adhoc basis purely on its whims

There are other adhoc employeees were there but no one is victimised in such manner

Whether I should make an appeal before HC or the go to SC ? or should left on this that the Hon'ble bench of the coaram of 5 judges has given this
Kirti Kar Tripathi (Expert) 07 August 2011
you can not do any thing until this judgment is overruled.


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