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    <title>1953 (5) TMI 32 - HIGH COURT OF ASSAM</title>
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    <description>Article 311(2) is attracted only when service is prematurely terminated contrary to the terms of appointment; an officiating Mouzadar who was engaged on a temporary basis could be replaced on appointment of a permanent incumbent without that replacement amounting to dismissal or removal. The challenge to the permanent appointment also failed because the allegation of mala fides was unsupported by pleadings or evidence, and the administrative selection was made within the discretion conferred by the governing instructions. In the absence of legal or procedural infirmity, no writ interference was warranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=291988</link>
      <description>Article 311(2) is attracted only when service is prematurely terminated contrary to the terms of appointment; an officiating Mouzadar who was engaged on a temporary basis could be replaced on appointment of a permanent incumbent without that replacement amounting to dismissal or removal. The challenge to the permanent appointment also failed because the allegation of mala fides was unsupported by pleadings or evidence, and the administrative selection was made within the discretion conferred by the governing instructions. In the absence of legal or procedural infirmity, no writ interference was warranted.</description>
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