Nandalal Kerkar, recently won a legal battle to keep his job as peon at the Saligao village panchayat when the High Court of Bombay at Goa set aside the order terminating his services.
The services of Kerkar were terminated on 24 July, 2018 on grounds that they were “no more required”. Along with the termination letter, he was also furnished a copy of the resolution passed by the panchayat.
The court in its judgement noted, “such order of termination, which, undoubtedly visits the Petitioner with civil consequences, could not have been made without compliance with the principle of natural justice as also, the compliance with any further statutory provisions, if at all applicable.”
Advocate for the panchayat, C A Ferreira argued that compliance with statutory rules did not arise as there was a basic infirmity in the appointment, but it was not accepted by the court, which noted that Kerkar had worked for the panchayat for two years prior to the termination.
The court set aside the termination letter and ordered reinstatement of Kerkar with all consequential benefits. Kerkar was represented by Devidas Pangam.
Goa Law 