Professionals' Claims for Post-Contract Remuneration Dismissed Due to Lack of Evidence
In a significant ruling, the Jammu and Kashmir High Court has set aside a previous decision by a writ Court that had directed the Union Territory of Jammu and Kashmir to release remuneration to contractual professionals beyond their contract period. The professionals were initially engaged for the preparation of zonal plans for Srinagar and Anantnag cities. The High Court, comprising Justices Sanjeev Kumar and Sanjay Parihar, ruled that the claims for remuneration beyond the contractual term were unfounded due to the absence of documentary evidence or formal extensions by the competent authority.
The professionals, who were hired on a 12-month contract basis, claimed that they continued their duties beyond the stipulated contract period and were entitled to remuneration up until March 20, 2020. The writ Court had initially ruled in their favor, relying on experience certificates and communications from the department, which suggested the professionals' continued engagement.
However, the High Court found these certificates to be managed in connivance with officials, intended to mislead and defraud the public exchequer. The court emphasized that the professionals' contracts were formally terminated via circulars issued by the Chief Town Planner, with no extensions granted. Moreover, the prevailing circumstances, including the abrogation of Article 370 and the COVID-19 pandemic, made it implausible for the professionals to have continued their duties under verbal instructions.
The High Court's judgment highlighted the lack of credible evidence supporting the professionals' claims and criticized the issuance of experience certificates post-termination, which contradicted the earlier circulars. The court concluded that the writ Court's findings were factually incorrect, leading to the dismissal of the professionals' claims for post-contract remuneration.
Bottom line:-
Contractual employees cannot claim remuneration for the period beyond their contractual term unless there is documentary evidence or formal extension by the competent authority.
Statutory provision(s): Contract Law, Evidence Law, Judicial Review
