Gauhati High Court
Dr Neilh M Gautam vs The Union Of India And 5 Ors on 19 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010021222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/614/2025
DR NEILH M GAUTAM
S/O LATE MUNIN GAUTAM, RESIDENT OF ROOM NO. 24, BLOCK 2, 100
BED QUARTERS, NIT SILCHAR CAMPUS, NATIONAL INSTITUTE OF
TECHNOLOGY, SILCHAR, CACHAR, ASSAM, PIN- 788010
VERSUS
THE UNION OF INDIA AND 5 ORS.
TO BE REPRESENTED BY SECRETARY, DEPARTMENT OF EDUCATION
(HUMAN RESOURCE DEVELOPMENT), SHASTRI BHAWAN, NEW DELHI-
110001
2:NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
REPRESENTED BY ITS DIRECTOR
SILCHAR
ASSAM
PIN-788010
3:THE CHAIRMAN
BOARD OF GOVERNORS
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
CACHAR
ASSAM
PIN-788010
4:THE REGISTRAR
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
ASSAM
PIN-788010
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5:THE DEPUTY REGISTRAR
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
ASSAM
PIN-788010
6:THE ASSISTANT REGISTRAR
NATIONAL INSTITUTE OF TECHNOLOGY
SILCHAR
ASSAM
PIN-78801
Advocate for the Petitioner : MR C GOGOI, S RABHA
Advocate for the Respondent : DY.S.G.I., MR. S P CHOUDHURY (SC, NIT SILCHAR), (R2-
R6),SC, NIT
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 19.02.2025
1. Heard Mr. C.Gogoi, learned counsel for the petitioner, who submits that the
petitioner was appointed to the post of Assistant Professor on contractual basis
in the year 2013 in the Department of Management Studies, NIT, Silchar,
pursuant to a selection process held in July, 2013. The petitioner joined his
service as an Assistant Professor on contractual basis for one year. The
contractual engagement was extended from time to time for 6 months at a time
and the contract period ended on 01.01.2025.
2. The petitioner's counsel submits that though the contractual engagement
of 34 other people in the NIT Silchar had been extended beyond 01.01.2025,
the petitioner's contractual engagement was not extended beyond 01.01.2025.
The petitioner's counsel submits that as the petitioner had worked for more
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than 10 years on contractual basis, the petitioner's service should be regularised
in terms of paragraph -53 of the judgment of the Supreme Court in the case of
State of Karnataka -vs- Umadevi (3) reported in 2006 (4) SCC 1. He has
also relied upon the Judgments of the Supreme Court in the case of State of
Karnataka & Ors vs-M.L.Kesari & Ors, reported in 2010 (9 ) SCC 247 and
the case of Jaggo vs. Union of India & Ors., reported in 2024 SC OnLine SC
3826 for regularisation of his service.
5. The counsel for the respondent Nos. 2 to 6 submits that in terms of the
Judgment of the Supreme court in case of Ganesh Digamber Jambhrunkar
vs- State of Maharashtra, reported in 2023 SCC Online SC 1417, contractual
employees who have worked for a long time do not acquire any vested right to
be regularized. He also submits that petitioner's representation dated
16.01.2025 and 01.01.2025 for extension of his service period had been
rejected.
3. Issue notice, returnable in 04(four) weeks.
4. Mr. S.P.Choudhury, learned counsel accepts notice on behalf of respondent
Nos. 2 to 6. Mr. S.S.Roy, learned counsel accepts notice on behalf of
respondent No.1. As the parties are represented, no formal notice need be
issued. However, learned counsel for the petitioner to serve requisite extra
copies of the writ petition along with the annexures to the learned counsel for
the respondents within two days.
6. The respondent Nos. 2 to 6 shall file their affidavit within four weeks.
7. List after 04(four) weeks.
JUDGE
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Comparing Assistant
