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Jabalpur, dated: 11.08.2020 This Appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 09.01.2020 passed in Writ Petition No.6105/2016.

2. By the said order learned Single Judge finally disposed of two Writ Petitions, viz. W.P.No.6105/2016 and W.P.No.17504/2018.

3. Whereas, W.P.No.6105/2016 was directed against the order dated 22.02.2016, whereby, the contractual service of the Appellant (hereafter referred to as 'Petitioner') was directed to be dispensed with effect from 1.04.2016. The Writ Petition No.17504/2018 was for a direction to the employer for extension of contractual period, wherein learned Single Judge declined to issue a mandamus for extension of contractual period, holding that "the petitioner cannot claim/seek extension of contract as of right as the respondent/ NIFT has not extended the term of contract. Clause 10 of the terms and conditions of contract appointment provides that after expiry of the contract term, the employment shall stand terminated automatically unless the same is extended in writing by NIFT. It is clear from the reply of the respondent/NIFT that the employer has lost faith and confidence in the employee. Under the circumstances, the respondents cannot be enforced to extend the period of employment of the petitioner." The petitioner evidently, having not challenged the order passed in Writ Petition No.17504/2018, has allowed the order to attain finality.

10. After expiry of the contract term, your contract employment shall stand terminated automatically unless the same is extended in writing by NIFT.
22. You shall be governed by the Central Civil Services (Classification, Control and Appeal) Rules, 1965 as amended from time to time and GSR of NIFT.
24. If any declaration given by you is proved to be false, or if you violate any condition of the present contract appointment, you will be liable to be removed from services or any other action, which NIFT may deem necessary."

7. Pertinent it is to note that in respect of experience, petitioner furnished a certificate issued by Netlink, on 03.04.2012 certifying that the petitioner has worked in the capacity of Trainer for C and C++ from July 2007 to June 2009 and as Trainee Software Developer from July 2011 to March 2012.

8. That by order dated 22.08.2014, the contractual service of the petitioner was continued for remaining period of 2 years. Thereafter, by order dated 13.08.2015, the contract period of the petitioner was extended upto 30.06.2018. Meanwhile, i.e. before passing the order dated 13.08.2015, the Director, NIFT, Bhopal received a communication No.10/10/2014, Vig./15 dated 05.02.2015 from NIFT Vigilance Division, Head Office, with regard to verification of work experience of the petitioner in Netlink Pvt. Ltd. wherefor a complaint was received that the documents were forged and fabricated and the Director, NIFT Bhopal was accordingly, requested to arrange for the comments of the petitioner, who was required to submit valid proof of his employment with Netlink Pvt. Ltd. by submitting - (a) Offer letter of appointment of Netlink, (b) Acceptance letter of offer of Appointment letter of Netlink, (c) Salary slips of Netlink for the month of July 2007, December, 2007, December 2008 and June, 2009 with bank proofs and (d) Resignation acceptance letter by Netlink or any other proof in support of claim of employment with Netlink Pvt. Ltd. The petitioner gave his reply on 09.12.2015, wherein, he stated :

"SHOW CAUSE NOTICE 16th November, 2015 WHEREAS, Vigilance Department, NIFT Head Office had received a complaint alleging that the work experience certificate submitted by Shri Aditya Upadhyay in respect of Netlink Pvt. Ltd. for the employment from July 2007 to June, 2009 is fabricated and has been forged.

2. AND WHEREAS, while scrutnizing the records, it has been observed, that while applying for the post of Assistant professor in NIFT against advertisement no.03/2012-Estt., Sh.Aditya Upadhyay, Assistant Professor, NIFT Bhopal had submitted an attested copy of the work experience certificate of Netlink Pvt. Ltd. from July 2007 to June, 2009 as trainer.