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Supreme Court of India 2024-08-22 allowed

SWATI PRIYADARSHINI vs THE STATE OF MADHYA PRADESH & ORS

Bench: 2 — Hima Kohli, Ahsanuddin Amanullah

In Brief

Swati Priyadarshini, appointed as an Assistant Project Coordinator on contract basis under the Sarv Shiksha Abhiyan, was not given contract extension in March 2013 on grounds of unsatisfactory work performance. The High Court's single judge found the termination order stigmatic and quashed it. On appeal, the division bench reversed this, treating the order as a simple non-renewal. The Supreme Court held that the termination order, being the culmination of show-cause notices and carrying consequences affecting future employment, violated service rules requiring either one month's notice for inefficiency or a formal inquiry for misconduct. The Court revived the single judge's judgment with modifications: the appellant entitled to notional continuation and consequential benefits, but back wages restricted to 50%.

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