JUDGEMENT
H.S.THANGKHIEW,J. -
(1.)The brief facts of the present case is that the petitioner was appointed as an Information Education Communication Officer (IEC) on contract basis for a period of 1(one) year, which was renewable, in the year 2011. On 25.05.2015, it appears that the petitioner was terminated by the respondents, but thereafter on the matter being referred to the higher authorities, he was allowed to serve for another 6(six) months. Thereafter, there was no further renewal of the contract. Being aggrieved thereby, the writ petitioner is before this Court by way of this instant writ petition assailing the termination and non renewal of the contract by the respondents.
(2.)Mr. R. Kar, learned counsel on behalf of the petitioner submits that the instant writ petition though involving contractual employment, is maintainable under Article 226 before this Court in view of the fact that the scheme under which the petitioner has been engaged is funded by the Central Government and the appointments are made by due process as per the advertisement. He also submits that in view of the fact that the Government exercises effective and pervasive control, the dispute is amenable to writ jurisdiction under Article 226 of the Constitution of India.
(3.)Mr. H. Kharmih, learned GA on behalf of the State respondents in reply to the submissions made by the learned counsel for the petitioner has drawn the attention of this Court to the fact that the relationship between the employer and the employee in the instant case is purely contractual, and the post cannot be said to be a substantive post under the Government. Learned counsel has drawn the attention of the court to the termination order which is found placed at Annexure-2 Page 9 of the affidavit-in-opposition which also reflects this fact. As such, he prays that there being no merit in the case, the writ petition is not maintainable and the same be dismissed.
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