Delhi High Court Affirms Termination of DERC Employee's Contract
Delhi HC upholds termination of DERC employee's contractual tenure
Asianet Newsable
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The Delhi High Court upheld the termination of a contractual employee at the Delhi Electricity Regulatory Commission (DERC), stating that his contract ended naturally without any entitlement to renewal. The court dismissed the appeal against the cancellation of his extension, emphasizing the lack of compliance with DERC regulations.
- 01The employee's contract was initially set for three years, starting in December 2014, with multiple extensions until April 5, 2024.
- 02The court ruled that the extension order relied upon by the employee was issued without proper authority and did not follow necessary performance appraisal requirements.
- 03The High Court determined that the employee had no vested right to continue his service beyond the contractual period.
- 04The position of Executive Assistant was not officially sanctioned by the Government of NCT of Delhi, affecting the applicability of protections for long-serving employees.
- 05The court concluded that the communication regarding the end of the contract did not constitute a termination of an existing contract.
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The Delhi High Court has upheld the termination of a contractual employee's tenure with the Delhi Electricity Regulatory Commission (DERC), affirming that such contracts automatically end due to 'efflux of time' and do not grant rights for continuation. A Division Bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, dismissed the employee's appeal against the cancellation of his extension as Executive Assistant. The employee, initially appointed in December 2014, had his tenure extended multiple times, with the latest extension set to end on April 5, 2024. However, DERC later issued an order superseding this extension. The court found that the extension was granted without proper authority and lacked necessary performance evaluations. It ruled that the employee had no enforceable right to the proposed extension and that the communication regarding the end of his contract was not a termination of an existing contract. Therefore, the appeal was dismissed, confirming the legality of the termination.
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The ruling clarifies the contractual employment terms within DERC, affecting future contractual hires and their expectations.
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