Chandigarh The Punjab and Haryana high court has held that an employer has the right to restrict its employee from applying elsewhere to defeat the practice among those in public employment hopping from one job to another.
The high court bench of justice Anil Kshetrapal said that the selection process of a public servant consumes a lot of time and also puts monetary burden on the employer. The contract conditions, which are un-lawful or forbidden by law, can’t be imposed, but to stop job hoppers, certain conditions can be imposed, the court said.
In the case in hand, Yogesh Kumar Vashisht was an assistant professor with the department of forensic medicine in Bhagat Phool Singh Government Medical College for Women, Khanpur Kalan, Sonepat. In 2019, he had applied for the post of assistant professor at Pandit BD Sharma University of Health Sciences, Rohtak. However, he was denied no objection certificate (NOC) by his then employer. He challenged the decision in high court, arguing that the contract signed at the time of employment with the clause as in the given case is “unconscionable” and violative of Article 14 of the Constitution of India as it deprives a person equality before law. At the time of employment, the bargaining power between an employee and the state is unequal and, therefore, the employee has no other option but to sign on dotted lines, it was argued.
The court found that at the time of employment, he had signed a contract according to which he was not to get NOC till completion of 5 years of service. If he was to resign, he was to submit three months’ advance notice or deposit three months’ salary. Another condition was that resignation will be accepted only after the arrangement of a suitable substitute in his place so that studies of the students and patient care do not suffer.
{{/usCountry}}The court found that at the time of employment, he had signed a contract according to which he was not to get NOC till completion of 5 years of service. If he was to resign, he was to submit three months’ advance notice or deposit three months’ salary. Another condition was that resignation will be accepted only after the arrangement of a suitable substitute in his place so that studies of the students and patient care do not suffer.
{{/usCountry}}The court observed that the restrictions imposed were only for a period of five years and that he could not have applied for the same post. There is no restriction on applying for a higher post, it said. “By now, it is well known that sometimes qualified persons indulge in job-hopping. Such clause has been incorporated to curb such practices,” the bench said, adding that the selection of a public servant consumes a lot of time and involves a lot of expenditure for the employer. “If the teacher, who has been appointed after following a long process is allowed to hop from one job to another, immediately after joining, then the students are likely to suffer,” it added, dismissing the plea.
The court said that the clause is not in violation of Article 14 and the Indian Contract Act. The Rule 21 of the Haryana Medical Education Service Rules, 1988, enables the employer to impose special terms and conditions in the order of appointment.
If the petitioner wants to resign, he/she has to comply with the rules and terms of the appointment letter, the court added.